What Happens During the Discovery Phase in a Lawsuit and Why It Matters

• February 28 2025
• |   Personal Injury

Although the civil law process is often described as an adversarial process, it is, in many ways, a cooperative one as well. Legal counsel on both sides of a lawsuit must work with the courts to keep the process moving smoothly, and they may also end up working with each other at times. One of the biggest examples of how lawyers cooperate lies in the discovery phase of a lawsuit. By understanding what happens during the discovery phase in a lawsuit and why it matters, you will be better prepared in terms of what to expect during a personal injury lawsuit.

The Importance of the Discovery Phase

The discovery phase is the most active phase of many lawsuits. During it, your personal injury lawyer will obtain relevant information from the opposing party’s counsel while also providing them with appropriate evidence for your case. The purpose of the discovery phase is to make the legal process more fair and efficient for all parties. When both parties have access to the same information, the trial proceeds far more smoothly.

The exchange of information also empowers attorneys to negotiate a fair settlement. Experienced lawyers will look at all available evidence and determine the likely result should the trial go to judgment. When lawyers on both sides agree about the potential outcome, there is little need for a trial. Instead, they’ll negotiate a settlement based on their expectations, thereby eliminating the risk of a highly unexpected outcome and reducing the legal costs for the defense. Doing so also ensures that the litigating party receives compensation much more quickly than they would if they had to wait for the outcome of a trial.

During the discovery phase, both parties share information, often resulting in a negotiated settlement.

What Happens During the Discovery Phase?

The discovery phase is described in detail in the Nevada Rules of Civil Procedure. The rules of the process, which are updated regularly, define how it works and what obligation each attorney has during it.

Specifically, there are four types of procedures involved in the discovery process. These include:

• Depositions
• Admissions
• Interrogatories
• Requests for documents.

Each of these procedures functions differently and provides different types of information.

Depositions

The best way to think of a deposition is as an oral interview. A potential witness is questioned by one or both attorneys under oath, and the witness’s answers can be used during trial to impeach courtroom testimony. The courts record depositions, though the depositions themselves are unlikely to occur in a courtroom.

Admissions

While both sides of a lawsuit disagree about the outcome of the lawsuit, that doesn’t necessarily mean they disagree on everything. Often, there are several facts that both sides can agree on, and an admission is a formalization of that agreement. For example, if you were involved in a car accident, your lawyer might request an admission that you were wearing your seat belt. That would remove the potential for the opposing attorney to claim that your failure to wear a seat belt contributed to the extent of your injuries. A lawyer typically needs to provide incontrovertible evidence to get the other attorney to agree to an admission.

If you were seriously injured due to the negligent actions of another in Nevada, contact Leverty & Associates at (775) 322-6636 to schedule a free consultation as soon as possible.

Interrogatories

Interrogatories are similar to depositions, as they are used to gather information from a potential witness. However, interrogatories interview the individual in question through a series of written questions as opposed to oral questioning. The procedure is often used to narrow down a witness list to the most useful subjects, and lawyers may also choose to depose some witnesses following their interrogatories.

Additionally, depending on the results gathered from an interrogatory, a lawyer might determine that a potential witness has no information beyond what another, more valuable witness can provide. In that case, the party likely wouldn’t be called to testify, but the fact that they offered the same information as the testifying witness can be used to back up said testimony.

Requests for Documents

Documentation can be some of the most important evidence in a lawsuit. One of the rules of the discovery process is that neither side in a dispute can withhold relevant evidence from the other. In other words, both sides are required to provide documentation to the other side when requested.

Common forms of documentation that is requested in a personal injury case include:

• Correspondence between relevant parties
• Medical records
• Financial records and bills
• Employment records
• Contracts
• Insurance policies and other insurance records.

Furthermore, both sides have the right to request documents from third parties if they have relevant information to the case. If the parties are open to sharing that information, it is easy to acquire. However, if they aren’t, lawyers typically have the power to subpoena information that is relevant and not otherwise protected by law.

Few Surprises in the Legal Process

While TV shows and movies may often portray trials being turned around by surprise testimony or evidence, that is almost unheard of in the real world, primarily because the discovery process ensures that all parties involved in a lawsuit have the same information. While it is impossible for any lawyer to perfectly predict the outcome of a trial, lawyers can typically determine roughly how they will end up. Only a handful of lawsuits involve issues that are unclear enough that lawyers on both sides will choose to let the case end with a judgment.

Contact Leverty & Associates in Reno Today

The results of a personal injury lawsuit almost always depend on the information that is shared in the discovery phase. If you want to improve your chances of winning a personal injury lawsuit, you need lawyers who focus on all aspects of a trial.

The team at Leverty & Associates consists of experienced trial lawyers who understand the civil law process in Nevada. If you are the victim of a personal injury, contact us today at (775) 322-6636 to schedule a free consultation.