G Consulta

Discovery is the process that allows the opposing parties to learn as much about the controversy as possible before the commencement of trial. The several modes of discovery represent a variety of procedures that provide both sides a chance to exchange information and documents, confirm or admit certain facts, examine property and share testimonial evidence to prevent any surprises at the time of trial. The methods for getting information in the discovery stage of the proceedings include depositions (an oral testimony given out in court and under oath), interrogatories (sworn written responses to written questions propounded by the opposing side), admissions (affirming a crucial fact or confirming the authenticity of a document that will be used at the time of trial), and other important requests, such as the request for a physical or mental examination of persons (if the party’s physical or mental state is an issue), and the request for the production and inspection of documents or things (including photographs, diagrams, books, letters, accounts, illustrations and other tangible objects).
It is true that mutual discovery enables a party to discover the evidence of the adverse party and this either facilitates an amicable settlement or expedites the trial of the case . But discovery could be used by the powerful as a potent browbeating tool to pummel the weaker party in the litigation proceedings. Your adversary could exhaust all discovery modes to drive you nuts. It is true that some discovery techniques are employed for the purpose of stonewalling the opposing party. However, most modes of discovery are availed of by lawyers in good faith. Lawyers who engage in lengthy discovery disputes and who bill by the hour are driven by the urge to obfuscate the legal system. The real purpose of discovery is to obtain information that is admissible in court. This inquisitorial probe may improperly delve into your property interests. If you are not alert, you may fall for the trap that would unveil all your assets and possessions that will enable the plaintiff to direct his cannons to vulnerable targets when the time to collect comes.
Discovery abuse is prevalent even in the United States. Ralph Nader and Wesley Smith revealed in their book No Contest (1996) that some corporate lawyers routinely make specious objections, withhold documents, reinterpret questions asked of their clients, ignore those parts of questions they would rather not answer, and twist the common meaning of language to avoid disclosing documents. “These tricks,” disclosed Nader and Smith, “force their adversaries to go to court repeatedly to obtain information to which they are entitled under the law. Such stonewalling serves three purposes: It makes corporate lawyers a lot of money, it exhausts the legal opposition, and it keeps discoverable information from being disclosed.” A party with superior resources may burden his opponent with protracted and expensive discovery thus forcing a favorable settlement (Lilly, An Introduction to the Law of Evidence, 1987)