Discovery in Law and Its Four Types | Free Essay Example

Discovery in Law and Its Four Types

Words: 325
Topic: Law

From a legal perspective, discovery can be defined as the procedure that allows obtaining crucial evidence from other parties involved in a legal process by means of interrogation and other techniques (Bergman and Moore 183). As a rule, four types of discovery are identified. These include deposition, interrogatories, production of documents, and physical or mental examinations (Crain et al. 138). Although each of the procedures requires a substantial amount of time and resources, depositions can be viewed as the most expensive type of discovery, whereas.

The difference between the four types of discovery is rather basic. A deposition involves the retrieval of pre-trial sworn testimonies. Interrogatories, in turn, suggest that a witness should provide answers to a questionnaire under oath (Crain et al. 230). Moreover, the interrogation process demands that every bit of information provided by witnesses should be reviewed carefully before submitting it as court evidence. Furthermore, in case a witness refuses to respond, a lawyer can get a court order that will compel the witness to provide the requested information (Crain et al. 138). A physical or mental examination includes an overview of person’s physical and mental abilities. Production of documents, in turn, implies a formal request to provide written or printed evidence for a specific case. Unlike the rest of discovery forms, it does not imply working with witnesses.

Depositions are by far the most expensive type of discovery since the procedure includes the services of a court reporter, who transcribes the information, and the time and efforts of the attorney, who must prepare for the deposition by revisiting the essential information and attend the deposition (Bergman and Moore 183). The cost of depositions can be reduced by providing an attorney with transportation opportunities and using cheap data processing tools. Nevertheless, depositions require the greatest number of financial resources. Production of documents, in turn, is the cheapest type of discovery since it may include e-discovery and, therefore, require little to no money.

Works Cited

Bergman, Paul, and Albert Moore. Nolo’s Deposition Handbook: The Essential Guide for Anyone Facing or Conducting a Deposition. 6th ed., Nolo, 2016.

Crain, Michael A., et al. Essentials of Forensic Accounting. Wiley, 2016.