Discovery in Civil Cases
Parties are not expected to know everything when they file or answer a civil complaint. Thanks to Michigan’s court-rules, parties have plenty of opportunities to find out what the other side has prior to proceeding to a trial or summary motion. Discovery requests are a huge in civil cases.
In contrast to cases involving criminal charges, there is no mandatory discovery required on either party. In some situations, neither party may need much discovery at all from the opposing party. Every case is different and tactics vary significantly depending on a litany of factors.
Instead, it is up to the respective parties to pursue their own discovery requests within the confines of court-rules, court-orders, scheduling orders, the restraints of the clients, subject matter, etc. Civil litigation is an adversarial process; the other side may not just hand over stuff that will help you win your case.
Interrogatories, admission-requests, and a request for document production are known as “discovery” requests. With civil litigation, each side can ask the opposing side about their case and ask for documents related to their case. Requests for discovery in some manner are standard in a vast majority of civil cases and these requests are very important with larger, more complicated civil cases filed in Circuit court.
Attorneys have the resources to discover a vast majority of information about their respective case through these methods. Online Forums such as Facebook or other programs are often key targets of information requests. Even deleted texts, messages, or e-mails could possibly be recovered.
These discovery requests may be made in a variety of ways.
For more information on Depositions, click here.
For more information on Admissions, click here.
For more information on Interrogatories, click here.
Demand for Production
For more information on Demands for Production, click here.
The rules may be different for family-law cases, criminal cases, or other types of proceedings. Please note these articles and pages focus on the general rules for discovery in general civil litigation filed in Michigan’s District or Circuit courts. Further, the rules and methods may also be impacted by local court-rules and scheduling orders.
Requests for discovery in civil cases may not be allowed in Michigan’s District Courts or in Small-Claims matters without a court-order permitting them. However, these requests are frequently made if a civil-claim is pending in Michigan’s Circuit Courts.
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If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.