If you are involved in a lawsuit – ie: medical malpractice or personal injury legal case, you may be subject to discovery. An examination for discovery is a question and answer session to gather evidence. The lawyer for one party will question the adverse individual and vice versa. The goal is to collect facts that are related to the case. Take, for example, discovery for a defendant. The plaintiff’s lawyer will be asking the questions of the defendant, with a court reporter present to transcribe the questions and answers. Both sides can use the information gathered during the discovery during litigation.
What takes place before the examination for discovery when you are a witness?
You will be given an appointment to attend an examination for discovery. You will then need to contact your lawyer and meet to prepare and discuss what you might expect during discovery. Your lawyer will be with your during the examination to advise you during the process.
Once the examination for discovery begins – what happens?
You must tell the truth during the examination for discovery. Before it starts, the court reporter will ask you to swear on the bible or agree to an affirmation. You will need to speak loudly and clearly so the lawyers and court reporter can hear your answers. Before you begin to answer a question, wait for the full inquiry to be asked of you. Waiting for the entire question can be hard, especially if you become agitated and want to get your point across. It is essential to remain calm and answer in a timely fashion after the question is asked. If you do not understand a question, ask for it to be explained to you or asked differently.
Speak to your lawyer before your examination for discovery begins
You can speak to your lawyer before the examination starts, so feel free to ask questions. Your lawyer will be able to answer any questions you have as well as give you an idea of what types of questions the other lawyer will be asking. By speaking with your lawyer before the discovery, it will refresh your memory of the preparation you’ve done for the discovery. This should help you focus, and hopefully, calm your nerves.
Relax and stay calm during the examination for discovery
It is natural to be nervous about examination for discovery, especially if you have never been involved in a legal case before. By learning more about the process from your lawyer, you will be better equipped to know what will happen and stress-free when it comes to answering questions. Most lawyers will be friendly and professional during this process. Try to relax and remember that your lawyer is present to help you along the way.
Pollock & Company can help with the examination for discovery and your legal case
At Pollock & Company, great care is taken to help clients understand the legal processes of their case, including the need for discovery. By working with the professional, experienced lawyers on our team, we will prepare you to be ready for discovery. Do you have medical malpractice, personal injury, or criminal law case which you need advisement? Contact us today to receive the help you need.Tags: Medical Malpractice, personal injury, criminal law, examination for discovery, lawsuit