Perry Mason does not exist in a real court setting. Everything you want to use and anything the other party wants to use at trial is obtained either by production of document, interrogatory questions and disclosure questions before trial. If you fail to provide the requested documents or fail to answer the questions, your case may be dismissed, attorney fees may be accessed or you might not be able to use the documents at trial.

Kinds of Discovery

Depositions

A deposition is a formal proceeding normally done at the office of a court reporter or an attorney. The person being deposed answers questions after being sworn to tell the truth. Depositions can be videotaped, written down by a court reporter or recorded via a tape recorder. The purpose of a deposition is to gain information and to use the information either for your case or against your case at trial.

Tip: Before any deposition, you and your attorney should discuss what will be asked and practice your answers.

Tip: Always be truthful. The purpose of a deposition is not only to obtain information, but to use your testimony at the deposition against you at the trial. The other party’s attorney will be carefully reviewing your deposition testimony and he will bring out any inconsistent statements at the trial. If you are caught in a lie, your spouse’s attorney will bring it to the judge’s attention at trial. You not only lose your credibility with the judge, but you could be criminally prosecuted for lying while under oath.

Tip: My lying spouse. Let the spouse lie all he or she wants. Just bring in the witnesses and other evidence to disprove the lies at trial. Your attorney can expose him at trial with the truth.

Interrogatories

Interrogatories are questions which are to be answered under oath.  The purpose of the questions are to discover information about your case and to be able to use the answers against you or for you later at trial.

Request for Disclosure

The request for disclosure is a document requesting the names or expert witnesses, potential witness, and the theory of your case.  Your attorney will complete most of the form.