Insights On Discovery Process Before The Trial

The legal system seeks to limit the number of surprises that might be introduced by either party during a lawsuit. For that reason, the sharing of evidence is a required part of the lawsuit process. The discovery session manages to facilitate the exchange of evidence.

Significant aspects of discovery process

Interrogatories: Those are written questions that get presented to a designated witness. The answers are supposed to offer insight into the witness’ version of events, at the time of the accident.

An injury lawyer in Los Banos for the witness has the right to object to those questions that are hard to understand or that seem unfair. Recently, some women that have reported being victims of a sex crime have appeared in the company of a lawyer.

Document production: Each party in a personal injury case has the right to examine most of the documents that are associated with that same case. Only those with private information would not be shared with both of the involved parties.

Deposition: That is a process whereby selected witnesses give a sworn statement to a given attorney. That action is meant to satisfy 3 different needs:

–Need for each witness to have a commitment to his or her story
–Need for each side to see what information the other side might possess
–Need by both sides to provide clients with a chance to take part in a practice trial

Guidelines for those deposed

• Never guess at an answer; focus on sharing the facts, rather than making speculations
• Be honest with your lawyer
• Be honest with any lawyers that might pose questions during the deposition

Actions to avoid making, while being deposed

Avoid doing anything that could be interpreted as a sign that you are embarrassed or nervous. Certain actions get seen as evidence that a deposed witness is either embarrassed or nervous:

Shifting the direction of a witness’ glare to several different locations in the room where the deposition is taking place. A witness that has chosen to cross his or her arms over the chest, while answering a lawyer’s questions.

A witness that keeps scratching the back of his or her head, while answering a lawyer’s questions or keeps playing with his or her hair, while providing an attorney with answers to one or more questions.

The fingers on one of the witness’ hands keep twisting a ring on the opposite hand. That is another sign of nervousness, but not necessarily of embarrassment. Witnesses that rub their neck or play with a pen could appear embarrassed or nervous, during the time that any one of the must provide answers to a lawyer that has asked them a question.

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