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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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I filed a tort/personal injury complaint. I recd an order

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I filed a tort/personal injury complaint. I rec'd an order that parties shall commence all discovery. This matter is continued for status on Aug 14, 2013. What i do next. What is discovery? Will this discovery be done on Aug 14, 2013.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

Discovery is the process by which one side finds out about the other side's case.

TexLawyer :

Discovery is an ongoing process, and the judge typically sets a deadline to complete disocvery so the case can progress in a timely manner.

TexLawyer :

Discover is not limited to one specific thing, but there are several ways to get the discoverable information you want. You can take depositions, send out interrogatories, and make requests for admissions. The discovery process is a major part of any case, and most litigating attorneys spend the majority of their time in the discovery phase. As you might imagine, effective discovery can make or break a case.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience: Experienced in both state and federal court.
Chris T., JD and 3 other Legal Specialists are ready to help you
Thank you for your question. Thank you for requesting me to assist you. It appears that you have begun being assisted by a different professional. If you have additional concerns, please do not hesitate to request me by name going forward. Thank you!

At this point, you need to begin your discovery process. Without knowing all the details of the case, it is difficult for me to tell you exactly what to do, but I can lay out your options. First, you can send out interrogatories, which are a set of questions you write that the other side's attorney is required to answer. (link on how to write effective interrogatories below). Second, you can send out a request for admissions. A request for admissions is exactly what it sounds like: a set of statements you are asking the other side to admit to. Generally, these are things not in dispute, like who owned a piece of property, family relationships, etc. (I've included a form below). Lastly, you can schedule depositions, which is an opportunity for you to ask questions of a witness on the record. (below is a link explaining how to take a depo).

http://www.ehow.com/how_8117584_write-draft-interrogatories.html

http://www.northwestregisteredagent.com/request-for-admissions.html

http://apps.americanbar.org/litigation/committees/youngadvocate/articles/spring2011-take-deposition.html

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience: Experienced in both state and federal court.
Chris T., JD and 3 other Legal Specialists are ready to help you