Discovery is the formal process parties use to a case gather information and evidence from each other. This can be the most important step in a case because it allows the parties to obtain the information and evidence needed to present their arguments; to determine what evidence the other side plans to present at trial; and helps the parties focus their cases on the issues that are truly in dispute, which saves time and money at trial. In some cases, the information and evidence obtained during discovery points out strengths in your case, or weaknesses in the opposing party’s case, which can lead to settlement offers.
Discovery procedures take place outside of court. Parties are expected to work with each other to obtain discovery and resolve disputes. Court intervention is only allowed after the parties have attempted to resolve disputes on their own.