How Discovery Can Lead to Summary Judgment
Understanding the Role of Discovery in Summary Judgment
In the legal process, discovery plays a critical role in how cases are shaped and resolved. Discovery is the phase where both parties involved in a lawsuit exchange information and gather evidence. This process can significantly influence whether a case will proceed to trial or result in a summary judgment.
What is Discovery?
Discovery is a pre-trial procedure where each party can obtain evidence from the opposing party. Methods such as interrogatories (written questions requiring written answers), depositions (oral questioning of a witness under oath), and requests for production (asking for documents or other tangible evidence) are commonly used. This phase ensures that both sides have access to the facts needed to argue their case effectively.
The Purpose of Discovery
The main goal of discovery is to prevent surprises during trial, encourage the settlement of cases, and ensure that the trial process is fair. It allows parties to thoroughly understand the claims and defenses involved, which can reveal whether there are genuine disputes over material facts.
Link to Summary Judgment
Summary judgment is a legal