Discovery can feel like one of the more demanding parts of a business lawsuit because you must respond to formal requests while protecting your company’s interests. Knowing what this stage involves can help you prepare for the work ahead without losing sight of your day-to-day business.
Here are the key parts of the process.
What happens during discovery?
Discovery lets you ask the other side for information and requires you to answer its requests. Depending on your case, you may deal with:
- Interrogatories, which ask written questions that you must answer in writing
- Requests for production, which seek relevant records and electronic files
- Requests for admission, which ask you to admit or deny specific facts
- Depositions, where a witness answers questions under oath
Nevada Rule of Civil Procedure 26 limits discovery to information that relates to a claim or defense and fits the needs of the case. The other side cannot demand every piece of information your business has.
What business records may you need to provide?
You may need to gather records tied to the dispute, such as contracts, emails, financial records and internal communications. Your attorney can help you find what the other side may request and address claims that certain material should remain private.
Because electronic information often sits across email accounts, devices and business systems, preserving potentially relevant material early can prevent problems later.
How do discovery disputes get resolved?
You do not have to agree to every request without question. Your attorney can object when a request goes too far, creates an unfair burden or asks for protected information. In some cases, you can also ask the court for a protective order.
If the sides still disagree, the court can decide what information you must provide. Nevada’s rules also allow the court to limit discovery that repeats requests or places too much burden on a party.
Prepare for what discovery may reveal
Discovery can affect your case because the information exchanged may confirm facts, reveal weak points or support your claims. Reviewing your records with your attorney and discussing possible witnesses early can help you give accurate answers and prepare for later stages of the case.
Legal help can also guide you through your discovery duties and help you avoid mistakes that could hurt your case.