Discovery is the period of time after which a lawsuit has been commenced that adversarial parties to that lawsuit exchange information via a specific, codified procedure in furtherance of the case. The purpose of this is threefold:

1. It is desirable by both the courts and the parties involved that the case can be resolved without the necessity of an expensive and possibly lengthy trial (in reality, statistics tell us that relatively few cases ever go to trial, despite what TV legal dramas would have us believe);
2. To determine which side has the stronger case based on the evidence; and
3. Finally, to commit witnesses to their testimony via such discovery devices as interrogatories and depositions. Should the case ever go to trial, these statements become invaluable as a way to (possibly) impeach a witness, or raise concerns about their credibility should they change their story down the road.

Following are my top ten tips for paralegals working in discovery (I am a paralegal in Texas but I am going by the Federal Rules of Civil Procedure except where noted, then I am using the Texas Rules of Civil Procedure as a general example. Be sure to look up the rules in your state):

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There are five basic formal discovery devices: interrogatories; requests for disclosure; requests for admissions; requests for production; and depositions; plus many more informal discovery devices.

Following are my quick tips to get you started on a successful exchange of information with the other side:

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