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Personal Injury... What is a Discovery?

A discovery examination is a fact-finding step within the litigation process which is started after a lawsuit has been started.

Alix Digout – February 2019

Most people involved in personal injury claims have little knowledge of the discovery process beyond what they watch on Suits or The Good Wife (note: this step in the litigation process is commonly referred to as a “deposition” in the United States and in prime-time legal dramas).

A discovery examination is a fact-finding step within the litigation process which is started after a lawsuit has commenced.  Specifically, it is an opportunity for lawyers for the parties to a lawsuit to ask questions and obtain answers (and therefore evidence) under oath. While discoveries are generally not as dramatic as portrayed on television, they can seem intimidating if you have never attended one.  A discovery typically takes place in a board room of a lawyer’s office.  Your lawyer and lawyers for other parties are present, in addition to a discovery reporter who will tape what is said at the discovery.

Here are a few tips on how to prepare for, and successfully complete, a discovery examination:

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