Obtaining Relevant Evidence for a Lawsuit

As many people already know, in order to succeed in litigation, you need to show evidence to prove your case.  Evidence can come in many forms, and this usually includes documents, testimony by witnesses, and other information that can be useful in supporting one’s claims.  However, parties do not need to simply rely on evidence that is already in their possession, since parties typically exchange information during the discovery phase of litigation.  All told, there are certain strategies attorneys can employ when obtaining relevant evidence for a lawsuit.

Depositions

One strategy of obtaining relevant evidence for a lawsuit is asking questions of parties under oath before the trial in a matter.  Usually, each of the named parties to a lawsuit, including all plaintiffs and defendants, are asked questions under oath during the discovery phase of litigation.  If a party is a corporation, typically the company will have the chance to designate someone to be deposed who is the most knowledgeable about issues related to a lawsuit.  Sometimes, parties are able to take multiple depositions of corporate parties if they can show that they did not get enough information from the person that was initially deposed.

Parties are also allowed to ask non-parties questions under oath during the discovery phase of litigation as well.  This typically requires that a subpoena be issued to a non-party, but sometimes, individuals who are not parties to a lawsuit may voluntarily agree to be deposed.  Non-parties generally have more defenses to try and prevent their depositions from taking place, but non-parties can usually be deposed if it can be shown that they have information that is relevant to a case.

Depositions are very important to litigation.  They help parties understand what a witness will say at trial, so there are less surprises during litigation.  In addition, if the trial testimony of a party differs from what they said at a deposition, this can impact that person’s credibility.  Moreover, deposition testimony can support motions made by the parties, such as motions to dismiss the case before trial.  In any case, depositions are one of the main ways of obtaining relevant evidence for a lawsuit, and a skilled litigator will know which parties should be deposed during a lawsuit.

Documents

Another way of obtaining relevant evidence for a lawsuit is by demanding that other parties produce documents related to the case.  Usually, parties are able to demand that materials be produced so long as they are relevant to claims and defenses at issue in a lawsuit.  There are some exceptions to this rule, and documents that are privileged, confidential, or otherwise protected will oftentimes not be produced.  However, parties are oftentimes able to obtain photographs, reports, invoices, memorandums, letters, and other materials when obtaining relevant evidence for a lawsuit.  In addition, parties are also able to obtain electronic records, including emails and other files, that are relevant to litigation.  Parties typically only have an obligation to produce documents as they exist, so the parties demanding documents are usually responsible for translating these materials if this is required or scanning these materials if they wish to make the documents easier to search.

It is also possible to obtain documents relevant to a lawsuit from non-parties.  As with depositions, this typically requires that a subpoena be issued, but sometimes, parties will voluntarily offer to produce materials without a subpoena.  There are certain protections afforded to non-parties when it comes to demanding documents, and if identical documents are in the hands of parties to a case, a demand must usually be made of a party before demanding documents from a non-party.  In any case, parties do not need to rely on documents they already possess when proving their cases, and demanding materials from others is another way of obtaining relevant evidence for a lawsuit.

Interrogatories

Another tactic attorneys employ when obtaining relevant evidence for a lawsuit is drafting interrogatories.  Interrogatories are written questions directed to a party, as opposed to a deposition in which questions are asked in person.  Sometimes, interrogatories are not available in a lawsuit, but if they are, they can be an effective way to frame the issues of a case.  Of course, answers to interrogatories are often carefully crafted by parties and their attorneys.  However, interrogatories can still be useful when obtaining relevant evidence for a lawsuit, and it is important to retain a skilled lawyer who understands how to use interrogatories to bolster a case.

Notices to Admit

Another method that attorneys can employ when obtaining relevant evidence for a lawsuit is to send parties notices to admit.  These documents generally require that the other party either admit or deny that a statement offered by the other party is true.  Just like interrogatories, it is sometimes easy to craft a response to a notice to admit.  However, attorneys can use notices to admit to have the other party admit that an attached contract or other document is accurate and complete.  It is more difficult for a party to deny that a document is complete and accurate, and this can help prevent that party from arguing later in a case that a document is not accurate.

When retaining a law firm, it is important to hire an attorney that is experienced with the discovery process.  The Rothman Law Firm has substantial experience with many different types of discovery methods.  If you are looking for a New Jersey and New York litigator, please feel free to contract The Rothman Law Firm to request a free legal consultation.