Discovery

The trial, while it is a fact-finding event, isn’t a fishing trip. Believe it or not, by the time a case goes to trial, both sides pretty much know what the other side is going to argue, and what facts and evidence the other side has. This is because of something called “discovery.” Discovery is exactly what it sounds like—each side to a lawsuit literally “discovers” all the facts and evidence that the other side has.
What the courts mean by fact-finding is deciding which of two conflicting facts is actually true. Before the trial, you must find, or discover, the facts to present to the court. Parties can discover the facts of the case in several ways, but all essentially involve asking the other side for information that you can’t ...

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