Litigation: Written Discovery

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When an attorney refers to Discovery, he or she is most likely referring to one or more written discovery procedures.  Generally, Discovery refers to the stage of the litigation in which the party, through his or her attorney attempts to establish or discover the facts in the case by utilizing several discovery tools set forth in the Rules of Civil Procedure.  These discovery tools include direct questions in written form, by requests for relevant documents, and written requests for interrogatories.  The Rules of Civil Procedure allow these different discovery documents to be served upon the opposing party independently of each other or in one large document.  The discovery document will contain the case caption on the first page, will have a title showing which types of discovery are included, and will be addressed to and served upon the opposing party.  When the discovery documents are served on the opposing party that party has Thirty (30) days in which to respond with its answers and documents.  However, if the discovery is served in conjunction with the Summons and Complaint, the time period is Forty-Five (45) days to respond.  As with pleadings, the responding party is allowed to automatically extend the time period by another Thirty (30) days by filing a motion.  

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