Discovery is one of the most important areas of civil litigation. Discovery is the process by which each party “discovers” information about the other’s legal case. Discovery is intended to provide the parties with relevant information about the case. The theory is that the jury will best be able to determine the correct outcome of the case if each side has all of the facts regarding the dispute.

Some clients are surprised when they are required to disclose to the other side important documents regarding a dispute. This is a normal part of the lawsuit process. Failing to disclose information or documents when requested can create liability for the client and the attorney. This is why it is important to thoroughly discuss discovery matters with your attorney — so that discoverable information is turned over when appropriate.

What is “discoverable?” Lots of things! Documents, emails, word files, tape recordings, etc. Courts take an expansive view of what is considered discoverable. Typically, the information or thing must reasonably relate to the matter in dispute.

Discovery can be a very expensive part of a court case. Especially with the amount of electronically stored information that exists, discovery can consume a large amount of time for the parties. With that being said, discovery is an essential part of the litigation process.

If you have questions about civil litigation in Sacramento courts, please call my office at (916) 333-2222.