The task of propounding written discovery is familiar to any attorney. It requires a seemingly endless amount of paperwork. Sorting through, completing, and filing all these required materials can be a burden on your firm’s staff. But your client is depending on you to compile all the evidence needed to defend their case. At Fund Capital America, we can propound written discovery as part of our law firm services, which can save you time.
What Is Propounding Discovery?
Propounding means putting forward an idea, theory, belief, or point of view for others to consider. Written discovery gathers all the facts and evidence relevant to a case. For each discovery request, various materials must be put together. There’s a significant amount of research to be done in the process, and this stage of litigation helps to know what kinds of information and documents the other side may have available.
Examples of Propounded Discovery Requests
The evidence collected during discovery can influence the outcome of a trial and any decision the court makes. Research at this point can comprise Interviews, depositions, and a range of requests. Here are some elements that will help craft discovery requests.
Clear, concise requests help obtain the information you need. When propounding interrogatories, it helps to define ambiguous terms and use those that have been pre-approved by the jurisdiction. Therefore, the opposing side is more likely to supply the answers you need and not object to your request for information.
In clear, concise language, state your requests for documents that might contain details that help build your case. Don’t limit your demand to certain types of materials, as the requested information may be available in video, audio, or electronic format. Wording matters. If you don’t define the terms of your requests, a statement on, for example, a tape recording may not be made available.
Requests for Admissions
In most jurisdictions, requests for admissions can be propounded until trial to streamline certain issues. Just admitting certain facts can help obtain usable responses; the other side does not have to admit legal conclusions. Your attorney can therefore invest time in discovering more complicated issues by tailoring requests to the facts of the case. As a result, the court may be more inclined to compel the other side to respond rather than side with questionable objections.
What to Do When the Other Side Objects to Supplying Information
Propounding written discovery isn’t easy, as we’ve already alluded to. Court motions may come into play when the other side objects to supplying documents. Parties are typically required to handle disputed discovery requests whether by phone or in writing. But when a legal adversary is difficult, communications with both sides will be presented to the court.
Any letter submitted should outline responses that don’t provide sufficient information and why any objections are invalid. The letter should be closed by stating it satisfies “meet and confer” requirements and provide a time frame to supply a proper response. If the request is ignored, the matter should be brought to the court, and the other party should know your intent. Depending on the court, it may file a motion or require a discovery dispute to be handled through written communications or a conference approach.
Can I Outsource the Propounding of Written Discovery?
Propound written discovery is time-consuming, especially if you have several clients at once. At Fund Capital America, we specialize in propounding written discovery, so can help reduce your firm’s workload. Our team is trained to provide high-quality research and is highly efficient. You’ll have the time, energy, and focus to perform better at hearings and depositions. So, yes; this stage can be outsourced and it’s highly recommended you take this approach.