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What to Expect During Discovery in Commercial Litigation

A commercial litigation attorney provides assistance when preparing for litigation. Whether your company is the plaintiff or defendant in a civil case, you need to make smart choices during the pre-trial process so you can maximize the chances of a successful outcome to your case. This includes being prepared for the discovery process. 

Curley & Rothman, LLC represents companies involved in business litigation. Our legal team can help your organization during the discovery process and until your case has been resolved. We develop a smart legal strategy for your organization, including making the best and most effective use of the discovery process. Give us a call to find out more about how a commercial litigation attorney can help your business.

What is the Discovery Process?

The discovery process is a process that takes place early in a court case, after complaints are filed and a case is underway but before a case has proceeded to trial. The process is designed to help plaintiffs and defendants involved in civil litigation to put together a strong case or a solid defense strategy.

It is important for parties to litigation to have access to information that may be in the hands of the opposing party. The discovery process makes that possible. It is also important to find out what kinds of evidence the opposing party will be presenting, and what witnesses are going to say. The discovery process facilitates the process of finding out what the other parties case will entail.

Both a plaintiff and a defendant should have legal representation during the discovery process so each party to civil litigation knows the rules for discovery and is able to effectively prepare a case or plan a defense strategy. Curley & Rothman, LLC can advocate for companies who are pursuing a case or who are being sued.

What Can You Expect During the Discovery Process?

During the discovery process, you can expect:

  • A request to turn over various types of documents including writings, graphs, drawings, charts, pictures, and electronically stored data. Rule 4009.1 of the Pennsylvania Code provides details on when and how requests for documents can be made. The scope of discovery is often very broad and a wide variety of information may need to be provided to the opposing party. This is especially true as more and more communication has moved to the digital realm so there are often extensive records. Electronic discovery has had a big impact on commercial litigation in recent years, making it easier for opposing parties to obtain documents in searchable forms that potentially contain damaging evidence.
  • Interrogatories to be sent to you, to witnesses, and to other relevant parties who may be testifying or who may have information relevant to the litigation. Interrogatories are written questions that are used to obtain information. Interrogatories may be sent before a witness is deposed to help prepare for the deposition or may be the only pre-trial questioning for certain witnesses who may not be key witnesses.
  • To be deposed, which means interviewed by the opposing party’s attorney under oath. Your answers that you provide in a deposition could potentially be used against you later so it is important to answer carefully. For example, if you change any part of the information you provide or alter your testimony during civil proceedings, the answers that you gave during depositions could be used to impeach your testimony.

You will also have the opportunity to depose opposing parties, request documents from them, and send interrogatories so you are able to prepare your own case. You should have an experienced attorney representing you during the discovery process so your lawyer can help you to determine what kinds of information you must provide and can help you to determine what kind of information you are able to request. You should involve a Philadelphia commercial litigation attorney as soon as possible during the discovery process, as this is a high-stakes process that can have a profound impact on the outcome of your civil case.

Getting Help from A Philadelphia Commercial Litigation Attorney

Curley & Rothman, LLC will advise you during depositions, help you to complete interrogatories, and assist you in complying with a request to produce documents or other information. We can also provide you with advice on making requests during the discovery process to build your defense or to make a strong claim if you are a plaintiff.

To find out more about the role of a commercial litigation attorney during discovery, give us a call at 610-834-8819 or contact us today.

LitigationScott Rothman