Discovery Explained: Depositions, Interrogatories, and Document Requests

When a lawsuit is filed, most of the real work happens long before trial. This stage is called discovery—the formal process where both sides exchange information. Discovery can be stressful for plaintiffs, but it’s also the stage where hidden truths come out.

Depositions

A deposition is a sworn interview. Lawyers ask questions, and the witness answers while a court reporter records every word. Depositions can last hours. They’re often used to lock in testimony, test credibility, and learn how witnesses might perform at trial. The importance of depositions depends on the nature of the case. In medical malpractice cases, depositions of doctors, nurses, and hospital administrators may be more or less important depending on what issues are in dispute and what facts are unknown. In bad faith cases, depositions of insurance adjusters reveal the company’s claim-handling practices.

Interrogatories

Interrogatories are written questions the other side must answer under oath. They cover basic facts—timelines, witnesses, policies, insurance coverage. Insurers often use boilerplate objections, but judges can force them to answer when they dodge.

Document Requests

Lawyers can demand relevant documents: medical charts, emails, internal memos, claim files. In malpractice cases, records show what providers knew and when. In bad faith cases, claim files often reveal delay tactics or hidden motives.

Why Discovery Matters

Defendants control most of the information. Discovery pries it loose. But insurers and corporations often abuse the process with delay, “document dumps,” or evasive answers. A strong plaintiff lawyer pushes back, using motions to compel and court oversight to level the field.