Understanding the Role of Discovery in Civil Litigation

Have you ever wondered how a plaintiff can win a case without knowing what happened? How could someone be awarded damages when they don't know who was at fault or why it happened? This is a question we get asked quite often at our law firm and one that deserves an answer. This post will discuss the primary purpose of discovery in civil litigation and how it can impact your case.

But first, what is discovery?

What Is Discovery?

Discovery is simply the process by which parties to a lawsuit exchange information to understand their opponent's claims and defenses better. Put otherwise; it is the first step in any civil litigation, where parties agree on a set of rules governing the conduct of the litigation. These rules include things like:

● Deadlines for filing motions, responses, and replies

● Dates for depositions

● Procedures for taking and preserving evidence

Once these rules have been agreed upon, the parties must start exchanging information. This usually happens through formal written discovery requests (also known as interrogatories) and document production requests.

What Is the Purpose of Discovery?

The section below explores its primary purposes of it. These include:

● Allowing Both Parties to Uncover Relevant Evidence to Their Case

First, discovery aims to allow both sides to uncover relevant evidence that may help them prove their case. Thus, both parties can learn more about each other and make informed decisions about whether or not to settle the case based on the available evidence.

● Gaining Information About the Opponent's Claims and Defenses

Second, it allows the plaintiff to gain information about the defendant's claims and defense. Naturally, if the plaintiff has a claim against the defendant, they would want to find out all of the facts related to that claim. Similarly, if the defendant has a defense, they would want to learn everything possible about the plaintiff's claims.

● Providing Information that Will Help the Court Make Decisions

Third, discovery helps the court make decisions about the case. For example, if there is a dispute over liability, the court needs to know the facts related to that issue. If there is a disagreement over damages, the court needs the facts related to that matter.

● Protecting the Privacy Rights of Non-Parties

Finally, discovery protects the privacy rights of non-parties. The burden of privacy in discovery rests squarely on the shoulders of the party seeking discovery. To protect the privacy interests of non-parties, the requesting party must provide sufficient justification for the request.

The Law Office of Andre Clark Is Here to Help!

If you need assistance with your next civil litigation matter, please reach out to us today. Our experienced team of attorneys is ready to assist you. Call our office at (888) 682-2529 or contact us online to schedule a FREE, no-obligation consultation!

What Is the Purpose of Law and Motion in Civil Litigation?

If you're watching a courtroom drama on TV, chances are you're seeing a criminal case. Civil litigation is less dramatic than criminal litigation, yet it is just as vital. When two individuals are involved in a legal disagreement that doesn't involve any criminal offense, it is referred to as civil litigation. Such cases are taken to court for trial, and this gives the judge a chance to decide on the outcome. Here is a closer look at the purpose of law and motion in civil litigation.

What Is a Motion?

You may want the court to agree to something outside of the typical litigation procedure when you are involved in a case. A motion is a request to the court for a desired judgment or order. Depending on the regulations, a motion can either be written or verbally presented. During a lawsuit, different motions can be brought forth at any time. However, this can only happen after filing the initial complaint.

The Purpose of Law and Motion in Civil Litigation

Law and motion are critical in civil litigation. Law and motion serve the following purposes:

● The law and motion in civil litigation can be used to discover. One party may seek information from the adverse party through the motion to discover.

● Law and motion can also be used to dismiss the lawsuit because it lacks a legally sound basis. Even if all of the allegations asserted are proven accurate.

● Through the motion of summary judgment, you can ask the court for a decision on the merit of the case. This is possible when there is no disagreement about the facts and simply a legal question to be resolved.

In case you have a civil litigation case, consult a team of professionals. The Law Office of Andre Clark is a professional law corporation serving people and businesses throughout the state of California. We have an experienced team of legal counsel and advisory to all legal matters related to business, real estate, and probate. Contact us today, to discuss your need with a civil litigation attorney.

5 Satisfying Ways Law Firms Provide Remote Legal Services

Do you know that over 50% of modern legal service seekers prefer virtual services, with over 67% choosing both virtual and direct services? That is the fact that a positive projection for remote legal services will increase in the coming years. In 2018, Clio cloud surveys showed that 61% of highly ranked legal service providers intend to invest more in software and hardware to provide remote legal services to their clients.

Though it might appear a huge task for a legal service provider, here are satisfying ways that law firms use to provide satisfying services in remote areas.

1. Provision With the Requisite Resource

Law firms have grown to exploit the new technology skills that are well conversant with many people. For those that can use communication devices but don't have them, the law firms provide the gadgets to their clients. These resources include software, apps, mobile devices, headphones, and tools for those who cannot access them. These devices come with a contract for return upon the end of services or when the services go physical. The returned resources are to be used by other clients.

2. Time-based schedules

Although remote services may seem different from physical, the services differ by arrangement. Services providers work just like physical services, only that the service will be virtual and home-based. Planned schedules are honored, and regular reminders for the clients are maintained to keep the schedule fixed.

3. 24/7 Accessibility

With laptops and mobile gadgets, it is easier to reach lawyers or clients within 24 hours, anywhere, without using office assistants or paralegals. It becomes a direct contact through the establishment of notifications when one side wants to be engaged.

4. E-filling

There is an alarming trend in e-filling, which lawyers are adopting. Advocates don't have to go physically to court to file papers or access court credentials but do it electronically. Cases can be presented in the courtroom using built-in monitors and other equipment facilitating the virtual presentation in the courtroom. The claims and complaints are easier to save and present as evidence in the court of law for verdicts through videos and audio.

5. Online Payment

In recent years, the online transaction has continued to grow and have been efficiently adopted by lawyers and paralegals. Online payments are easier and need no physical presentation as they can be done remotely through provisions of credentials. It also has proof for payments through feedback on messages or transaction reports.

Remote Legal Services

Conclusively, remote legal services with new technologies are accessible in modern law firms. It is safe, secure, and cost-effective as the services are provided virtually through videos and audio. Do you have any legal case issues or questions you want to be assisted with? Contact us today for instant guidelines and services at your desired comfort.