Welcome to learn about law. My name is Kevin O'Flaherty from O'Flaherty Law, and today we're going to talk about the written discovery phase of litigation. Ready discovery is the way that attorneys find out what the other side's position is on why they're denying certain allegations in the complaint or what information they have or documents that they have that may not be available to our clients at the outset of litigation. There are four main documents that we use in written discovery: interrogatories, requests for production, requests to admit facts, and subpoenas. Interrogatories are written questions to the other side that they have to answer in writing. Included in written interrogatories are things like what witnesses are you going to call at trial, why did you deny certain allegations of the complaint, what's your position, and also specific targeted requests for information that is in the other side's possession. When they receive written interrogatories, they either have to object to the interrogatory or answer it fully in writing. The second document is a request for production of documents. This is a request for the other side to produce documents to us that are in their possession but not in ours. We usually list about 30 or so, depending on the case, targeted requests for specific documents. They have to either object to providing those documents or comply with the request. The third tool in written discovery is a request to admit facts. The purpose of this document is to narrow down the issues that have to be litigated at trial. If we all agree that certain facts are true, we issue a request to admit and ask the other side to admit those facts. If they fail to admit or deny the fact within a certain time period, it is deemed...
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Video instructions and help with filling out and completing Who Form 5495 Litigation
