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The Michigan Litigation Process -- The Discovery Phase

This is the third in a series of posts about the Michigan litigation process.

If a Michigan litigation case proceeds past the initial pleadings phase, the next phase is what's called the "discovery" phase. Discovery is where each party has the chance to gather facts and information needed to prove the various points of their respective cases. The parties can gather these facts and information from both their opponents in the case and third parties.

There are number of basic tools that parties to a litigation case can use to gather facts and information to support their case. These basic tools include:

1. Written interrogatories, or questions, which can a be sent to the opposing party.

2. Oral depositions, or questioning of potential witnesses.

3. Depositions by way of written questions.

4. Requests for admission directed to the opposing party.

5. Requests for production of documents or entry upon land for inspection.

6. Mental or physical examination of a party.

Depending on the particular circumstances of a case, different discovery tools may be better suited for obtaining the desired information. However, a party may use as many or as few of these discovery tools as needed to accomplish their purposes. That said, duplicative or unduly burdensome discovery requests are technically not allowed, although Michigan courts have broad discretion to allow discovery on wide variety of topics related to a case.

It is important to know that discovery can often be very time consuming and expensive. Indeed, discovery is usually where much of a client's money is spent during litigation. The good news is that it is not uncommon for cases to settle after discovery either because a party lacks sufficient facts to pursue the claim further and voluntarily resolves the case or because the court grants a motion to dismiss the case.

Because the discovery phase can be very contentious and difficult, it is important that anyone in litigation have a knowledgeable and experienced Michigan litigation attorney representing them to help ensure that their rights are vigorously pursued and protected.

Full post as published by Michigan Business Lawyer Blog on February 22, 2008 (boomark / email).