What is a discovery when used in court

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David J. Lumber

David J. Lumber

Contributor Level 3
Discovery consists of "written discovery" which are questions propounded by one party to the case to another party to the case on paper, and documents provided in response to questions propounded by an opponent. Each party has the right to conduct discovery of their opponent. Discovery also consists of oral depositions and depositions upon written questions. A deposition is when a person's testimony is taken under oath, before a court reporter, out-of-court and prior to trial A deposition upon written questions is typically used to obtain admissible records from a third-party.

Typically, the process of conducting discovery lasts several months or more prior to a case coming to trial.
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