A common feature of courtroom dramas is the sudden revelation of some previously unknown or concealed piece of evidence. From a hidden witness to a concealed murder weapon, this TV trope is actually completely at odds with the intent of modern litigation. In the modern day, the process of Discovery is designed to prevent trial by ambush.
The process of Discovery was created to ensure an even playing field for both parties in a lawsuit. During this pre-trial phase, both parties, whether prosecutor and defendant or plaintiff and defendant, are required to exchange all evidence that will be shown in the trial. During this period, the judge will rule over what is allowed to come in as evidence and which expert witness testimonies will be allowed in trial.
There are a few ways that each side will be able to acquire evidence. These methods include:
- Deposition – a formal interview conducted by one side on an opposing witness
- Interrogatories – submission of written questions for the opposing party to answer
- Subpoena – a request for books, documents, files, images, or any other physical or digital evidence relevant to the case
- Physical examination of a party
- Authentication of a document or piece of evidence
In order to be as effective as possible, attorneys are allowed to request, subpoena, or retrieve any document or witness whose testimony is not restricted by privilege. Privileged information would refer to something that either breaks attorney-client privacy, doctor-patient confidentiality, therapist-client privacy, or confessional seal.
There is an exception to this rule. If either party ever spoke to another person about something that was under the protection of privilege previously, then the confidentiality has been broken and the information is freely discoverable. This can also include if there was ever a recording made of these sessions and that recording was distributed or shared.
Discovery is one of the most pivotal stages of a lawsuit. An effective discovery phase could force a settlement immediately if the evidence uncovered was compelling enough. That’s why if you want to file a Mass Torts lawsuit, you will need an experienced Mass Torts attorney who is an expert in finding the right information through Discovery.
An experienced Mass Torts attorney can write subpoenas so specific that they can deftly avoid privilege and procure exactly what they need; a Mass Torts attorney with resources can quickly work through an opponent’s efforts to sandbag them with endless piles of documentation; an efficient Mass Torts attorneys can make effective use of the months-long Discovery process. The best Mass Torts attorneys can be found with Attorney at Law.
At AAL, our nationwide network of attorneys and law firms allows us to match you with a Mass Torts attorney with the experience, legal knowledge, and resources to fight against the biggest corporations in the world and come out on top. Our partners are leaders in their fields and they have the trial records to match.
Our partners also specialize in client care. They understand the intimate and personal struggles that you face in your lawsuit and do their best to provide you with relief and support you can trust. Additionally, all our Mass Torts attorneys work on contingency. That means that if you don’t win, you don’t pay.
Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to justice.