Discovery in a California Personal Injury Case

Written questions and requests

Interrogatories ask for written information. Requests for production seek records, electronic material or tangible items. Requests for admission ask whether specified matters can be admitted, including certain facts or document authenticity.

Each type requires its own attention. A request for admission is not simply another open-ended questionnaire, and sending documents alone may not complete a response to a production demand.

Testimony and other evidence

A deposition involves sworn testimony outside the trial. Subpoenas and other procedures may be used to obtain information from people or organizations that are not parties. Particular discovery may require additional notices, agreements or court involvement.

Your attorney can explain what has been requested and what obligations or protections may apply. Do not assume a request is unlimited simply because it is called discovery.

Your job is to supply accurate facts

Read what is actually being asked, including definitions and dates. Gather information from available records and identify what you cannot remember or locate. Be candid about facts that appear unfavorable.

Your attorney evaluates legal objections and the proper form of response. Do not invent an answer, omit information because it seems unhelpful or decide on your own that a request does not require attention.

Preserve records while responses are prepared

Keep original files, messages, photographs and relevant physical items. Tell your legal team about deleted material, automatic deletion settings or information held by someone else. Ask for preservation instructions before changing or discarding potentially relevant evidence.

Use the secure delivery method provided by the office. Sensitive records should not be sent to an opposing party without counsel's direction.

Deadlines and review matter

Formal discovery has legal deadlines. The office will often request your information earlier so there is time to investigate, draft and review. Those internal dates do not replace the applicable legal deadline.

Tell us promptly if you need assistance. Read factual responses before signing any verification and identify corrections before service. A missed or inadequate response can lead to disputes and court proceedings; communicate rather than assuming the issue will resolve itself.

Ask what happens next

Use our written discovery and deposition guides for preparation. For a request directed to you, follow the instructions for that request and ask your attorney about anything unclear.