Discovery as a Foundation for Litigation
Whether you are pursuing a claim in court against a party who wronged you or a lawsuit is filed against you, effective use of discovery is important to ensure that your case is properly supported.
In general, the discovery period of litigation begins after a defendant files their answer to a plaintiff’s lawsuit. Texas law requires that a certain amount of information and documentation be produced by each party, but more information than this is necessary for a strong claim or defense. Accordingly, it is important to hire a legal team which understands what information can be acquired and how to incorporate it into your case effectively.
Documents, correspondence, and explanations of the pertinent issues underlying a lawsuit are intended by law to come to light during discovery. The Texas Supreme Court has opined that litigation should be determined by facts that are revealed, not those that are concealed. However, inexperienced attorneys may be unaware of the information that can and should be requested during discovery.
For example, it is not uncommon to see attorneys argue that evidence should not be produced because it is not admissible in court. This misunderstanding of the discovery rules likely prevents impactful information from becoming known, keeping a party from adjusting their strategy accordingly. Instead, evidence is discoverable if it is “reasonably likely to lead to discovery of admissible evidence.”
As you can see, the actual standard is broader than what is often argued and sometimes treated as the rule by unknowing or deceptive parties. Just because information may not be able to be used in court does not mean that you have no right to use it to further your understanding of an issue. Additionally, this outside evidence which may not be usable in court is important for crafting a complete foundation with knowledge of the relevant facts of a case.
Waldron & Schneider’s litigation team boasts many decades of combined legal experience and is proficient in conducting thorough and comprehensive discovery. We ensure that our clients’ cases are supported by and informed of all relevant facts before moving forward will a corresponding argument. Please contact our office to speak with an attorney about your pending or future lawsuit and how we can help.
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.