{"id":368954,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/fact-finding-and-discovery.html"},"modified":"2024-05-08T12:21:14","modified_gmt":"2024-05-08T17:21:14","slug":"fact-finding-and-discovery","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/fact-finding-and-discovery.html","title":{"rendered":"Fact-Finding and Discovery"},"content":{"rendered":"\n
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Fact-Finding and Discovery<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A major part of a civil lawsuit is discovery. Discovery, or fact-finding, lets the parties share information before the litigation begins. Discovery ensures that all parties have the same information and can negotiate from equal positions. This prevents surprises and keeps the process moving. Civil cases where parties must fight for every piece of evidence, such as contentious divorces, can take years.<\/p>\r\n

The Federal Rules of Civil Procedure<\/a> (FRCP) govern discovery in federal court. Most states base their civil discovery rules on the FRCP, with minor variations. Rules of discovery exist for criminal cases as well. Evidence rules aim to ensure fairness and the disclosure of all relevant facts in the case.<\/p>\r\n

The discovery phase of a lawsuit begins after the plaintiff files the complaint. There are several forms of discovery, but the most common are requests for production and depositions.<\/p>\r\n

Written Discovery<\/h2>\r\n

Written discovery consists of preprinted forms sent to the other party. Most discovery requests ask the other side to answer a series of questions or admit certain things are true. Written discovery also comes with deadlines. You must return your response within a certain period, usually 30-45 days.<\/p>\r\n

Requests for Admission<\/h3>\r\n

Requests for Admission<\/a> ask the opposing party to admit either:<\/p>\r\n