Video instructions and help with filling out and completing Who Form 5495 Litigation

Instructions and Help about Who Form 5495 Litigation

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 that they have or documents that they have that may not be available to our clients at the outset of litigation so there's four main documents that we we use in written discovery interrogatories requests for production requests to admit facts and subpoenas interrogatories are written questions to the other side that the other side has to answer in writing included in written interrogatories are things like what witnesses are you going to call a trial why did you deny certain allegations of the complaint what's your position and also specific targeted and requests for information that is in the other side's possession when they get written interrogatories they either have to object to the interrogatory or answer the interrogatory fully in writing the second document is a request for production of documents so this is a request for the other side to produce documents to us that are in their possession but aren't in ours and we list usually 30 or so depending on the case targeted request for specific documents and they have to either again object to providing those documents the third tool and written discovery is request to admit facts so a request to admit the purpose of that document is to winnow down the issues that have to be litigated at trial so if we think we're all in agreement that certain facts are true if we issue a request to admit we say please admit that substance such fact is true the other side either has to admit or deny the fact and if they fail to admit or deny the fact within a certain time period the fact is deemed admitted and our case is basically proven but if they typically it's for foundational issues things that we all agree on we want them to admit it so that we don't have to prove it at trial sometimes attorneys can get tricky with this and try to lay out all of the issues in the case to admit or deny and then hope that the other side won't respond in time if they don't respond in time that's a really easy way to win your case because all of those facts are admit it the fourth tool is a subpoena and a subpoena is like a request for production of documents or interrogatories it's it's a written request to someone who isn't a party to the case so interrogatories request to have made in production of document requests those are all issued to the other side in the case a subpoena is issued to a third party so some third party has either information or documents that we need and we issue that subpoena and they're ordered by the court to provide those documents now one of the reasons that lawsuits can take a while is that most of most of the time from the time you file a complaint until you get to trial is spent on arguing about written discovery so if we issue interrogatories and the answers are incomplete then we have to work with the other side to compel them to give us complete answers after working with them and sending it something called the 201k letter or a letter demanding more complete responses if we can't come to an agreement that the answers are complete then we have to go into court and file a motion to compel them to answer those questions and if they are if we're forced to go that far in a case then sometimes we can get sanctions and get our attorneys fees that we spent trying to get that information paid by the other side subpoenas are similar when you issue a subpoena you have to give the other side the opportunity to object to it first to say that you know it's improper if they believe it's improper and if we can't agree we bring it to a court so a lot of what happens in litigation is arguing about whether objections to written discovery are valid and letting the court decide what needs to be presented to us or whether the answers to written discovery are complete and sometimes you have to chase the other side around if they're not responding in time and if we sent the letter saying they haven't responded in time sometimes we have to go to court and compel the responses in the first place so that that's why I litigation could take a while is because you need to get this information before you can move on to the next phase of litigation which is the oral discovery phase meaning depositions once you've completed written discovery you've got the tools at your disposal to take someone's deposition and if you think they're lying at the deposition you can the documents that have been provided by the other side in response to your production request or present the interrogatories that have been provided to the other side and you can ask them in the deposition you know you're saying this now but in your interrogatories you said something different are you lying now or were you lying then and once we've done the written discovery of the oral discovery we've got a pretty good idea of what evidence the other side is going to present at trial and what the witnesses are going to say so we're not surprised when we're interrogating a witness at trial so in future episodes we'll talk more about the oral discovery phase of litigation the pleading phase which comes before written discovery and trial trap if you want to learn more about either the