Discovery

What is discovery?

Discovery is the structured process by which each side learns what the other has. The system is deliberately open, on the theory that cases should be decided on facts rather than on surprise.

It is also where most of the work happens. Trials are brief compared with the months of records, questions and testimony that precede them.

For an injured person it is the most demanding phase, involving detailed questions about your medical history, employment and daily life.

Nothing about it is designed to be comfortable. The process is intrusive by nature, since establishing what an injury took from you requires examining what your life looked like before.

What are the tools of discovery?

Several mechanisms operate together, each suited to different information.

• Interrogatories, written questions answered under oath
• Requests for production of documents and records
• Depositions, live questioning recorded by a court reporter
• Subpoenas reaching non-parties such as treating physicians
• Defense medical examinations of the injured person
• Requests for admission narrowing what must be proven

How long does discovery last?

New Jersey assigns civil cases to tracks that determine the discovery period, with routine matters receiving shorter periods and complex cases such as malpractice receiving longer ones.

Extensions are available by consent or on motion, and they are common in cases involving extensive treatment or multiple parties.

The end of discovery is a meaningful pressure point. Many cases settle as it closes, because both sides finally know what the evidence actually shows.

What should you expect personally?

You will authorize release of medical records, including records predating the incident. Defendants are entitled to examine your baseline in order to test causation.

You will answer written questions about the incident, your injuries, your treatment and your work history, and you will likely be deposed.

You may also be examined by a physician the defense selects and be subject to surveillance, which is lawful and more common than most people expect.

None of this means the process is adversarial in tone. Most discovery proceeds by cooperation between counsel, with court involvement reserved for genuine disputes.

Common questions

Can the defense see my entire medical history?

Not without limit, though records relevant to the injured body parts and to causation are generally discoverable. Scope disputes are resolved by the court.

What if the other side will not produce documents?

A motion to compel can be filed, and courts may impose sanctions for non-compliance. Preservation letters sent early help prevent records from disappearing.

Does discovery mean my case is going to trial?

No. Discovery is a normal stage in every filed case, and the large majority still resolve by settlement.

Can I refuse to produce something embarrassing?

Objections can be raised where a request is overly broad or seeks privileged material, but embarrassment alone is not a basis. Discussing anything concerning with your attorney early allows it to be handled rather than discovered at deposition. Prior injuries, prior claims and gaps in treatment are the three areas most often withheld and most reliably found by the defense regardless.