When your business is involved in a lawsuit, you know the situation is serious, and you have to think carefully about everything you do during the case. One phase of a lawsuit is discovery, which is when both sides will exchange information relevant to the dispute.
Everything that’s exchanged during the discovery phase is done under oath. This means that making false statements is considered perjury.
Because discovery can reveal the strengths and weaknesses of each party’s case, it’s sometimes possible that this phase will result in the matter being settled without having to go through a trial – although you should always behave as if the case will actually end up in court.
What’s exchanged during the discovery phase?
There are two primary types of information included in the discovery phase: Documents and testimony from either the principals involved or witnesses. While discovery sometimes involves only producing paperwork, it’s also possible that depositions will be necessary. These are statements taken under oath, and they can be taken from both witnesses and the litigants themselves.
There are very few things that can’t (or shouldn’t) be exchanged. One example of something that isn’t subject to discovery is privileged information, such as conversations between an attorney and their client.
The litigation process for business lawsuits is very complex. It’s imperative that you understand your rights, options, and responsibilities throughout the matter. Even inadvertent failures – like accidentally destroying old records or mistaken remarks during a deposition – can easily be fatal to your position. That’s why it’s so important to work with someone who understands the situation and the risks you face.