Before attorneys argue in court, they gather information so they can present the best case possible. By reviewing evidence and using deposition reporters to get statements from witnesses, they are prepared to present the case in the best interest of their clients. This information gathering pre-trial step is referred to as “discovery.”
Methods Of Discovery
A number of laws govern the process of discovery, dictating what information an attorney is entitled to and what methods can be used to gather it. One frequent tool used is a questionnaire called an interrogatory. Attorneys send interrogatories to anyone who might have information important to the case, giving them key facts that can direct their investigation. Although people filling out interrogatories are not under oath, they could still be charged with perjury if they lie on the form.
Attorneys examine all physical evidence in the case, no matter which side the evidence is pertinent to. They request and examine documents that may provide further information to strengthen their arguments.
Taking Depositions
Most members of the public think that attorneys have never spoken to a witness from the other side before the case but that is rarely true. Attorneys thoroughly interview all witnesses and use deposition services to document these interviews. This gives them an idea of what the witness knows and what will be said in court.
By using deposition reporters to make an official transcript of the interview an attorney can challenge the testimony of an opposing witness who changes stories on the stand or can refresh the memory of a friendly witness who has trouble recalling the facts by the time the trial takes place. Transcripts taken by deposition reporters can be used in place of witness testimony if for some reason the witness cannot be present in court.
The Newest Tools of Discovery
While basic tools like interrogatories and deposition reporters will always be valuable, the tremendous increase in the use of digital information has created a new field of research called electronic discovery or ediscovery.
Poring through emails or electronic invoices has become standard practice in court cases, but sifting through electronic information is different than looking at paper files. The ease of electronic record creation and duplication means that the sheer volume of information is much greater. For example, think how much more email you receive, including spam email, as compared to how much paper mail you get every day.
Ediscovery addresses the issue of metadata, which is information about the information. An electronic file contains additional data such as the date of original creation, date of last change, sometimes even the specific computer it was created on. This metadata is often critical to understanding a piece of information.
Huseby’s deposition reporters and other services are often used in the discovery process and we continue to remain on the forefront of discovery techniques and technology.
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The economy has definitely affected litigation and discovery. Costs are being scrutinized by clients. Many eDiscovery companies have gone out of business, according to articles I have read in Law.com.
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