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Discovery: Gathering Evidence to Prove the Case

Under the rules of discovery, there are primarily four different avenues.

  • Interrogatories are basically written questions to the defendant. You are limited to a certain number depending on the court.

  • Requests for admission are written questions to the defendant, asking them to admit certain things (that the light was red, would be a good example). And then, you get a response back saying, “Admit or Denied.” That way you know what matters are at issue.

  • Then, you can request documents. Those are unlimited in Nevada and the Federal court. Or you can just ask for the other side, the defendant, to provide documents for certain specific items and they are often required to produce those.

  • The fourth avenue for discovery is the deposition of witnesses including the defendant.

Discovery is not always easy, however. You often get objections from the attorneys on the other side and sometimes you have to get the court involved.