Part of resolving claims against your business involves investigating them. This includes gaining information about the opposing party as well as the claims that they will advance at trial. This process is known discovery, and it is a critical part of litigation.
Through discovery, your attorney will obtain information such as:
- Who was responsible for creating certain intellectual property? (for misappropriation cases)
- Who had the authority to enter a contract? (for breach of contract cases)
- What was promised under a particular contract?
- What is the measure of damages to be paid?
Suffice it to say, discovery is also important in establishing the basic elements for a company's claim, as well as the defenses available.
Depending on the type of claim a company must deal with, the discovery process could take weeks or months. With each case that is filed, the court establishes a scheduling order that will determine the amount of time the parties will be allowed to pursue discovery. This will also means that your attorney will likely be served with interrogatories, a subpoena for you to submit to a deposition as well as requests for admissions.
Your attorney will answer these discovery requests, and will take time prepare you for a deposition. Depending on the claims involved, these exercises may be more of a formality. Your attorney will also be responsible for handling discovery disputes. If you have questions about discovery and its costs, an experienced business litigation attorney can advise you.
The preceding is not legal advice.