Discovery Answers and the Importance of Full Disclosure
Your case has been filed in Court, the Defendant has been legally “served” (by the Sheriff or private investigator or otherwise) and Defendant has filed his “Appearance” and “Answer” to your “Complaint.” What’s next?
Defense Counsel will issue what is referred to as “written discovery” in order to discover more specific facts and evidence regarding your case. There are two main types of written discovery which are almost always issued to the Plaintiff(s) in each matter.
- Interrogatories – are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.
- Requests for Production of Documents – is a legal request for documents, electronically stored information, or other tangible items. Requests for Production specifically include electronically stored information. This can include documents such as emails, text messages, and/or social media postings. Currently, Illinois does not specifically require electronic evidence production but Federal Courts in Illinois absolutely require it. Stay tuned on whether electronic production in Illinois becomes law.
When you provide your answers to these questions, it is absolutely critical that you provide complete answers to the best of your ability and not simply respond by stating “I don’t know” or guessing as to what you believe the answers are.
Many of the answers and documents that you provide will be used as evidence in your case and can even be used at trial in many cases. This can also mean that any information or “evidence” relating to your claim that you fail to disclose in your answers to Interrogatories could potentially be excluded from your trial or could potentially cause delay or other issues with your case.
When you choose Philip J. Berenz to represent you in your auto accident injury case, we have the experience and knowledge to help you complete your answers to these written discovery answers and keep your case on the right track.
We are happy to help.