Firm News

The Role Of Discovery In Business Litigation: What You Need To Know

Discovery is an early but important aspect of business litigation related to the gathering and sharing of evidence between both parties in a lawsuit.

Because of their complexity, legal disputes might feel overwhelming, and one vital aspect of these proceedings is discovery, which is where both parties collate and exchange pertinent case information they plan to present at trial, as per the American Bar Association (ABA). Both parties base their legal arguments in court on the factual findings of this process and may even opt to settle depending on the outcome of discovery. Explore the role of discovery in business litigation, and learn how a seasoned New York commercial litigation attorney can help businesses navigate this exercise and other aspects of a lawsuit by contacting Schwab & Gasparini; call one of our offices today at (914) 304-4353 (Hudson Valley/White Plains), (518) 591-4664 (Albany), or (315) 422-1333 (Syracuse) to organize a preliminary meeting.

What Role Does Discovery Play in a Lawsuit?

Discovery takes place before trial, typically soon after legal proceedings begin, allowing each side to collate evidence and share their findings with the other party. The aim of this process is to improve transparency; discovery enables the parties to understand the case’s facts, minimize surprises in court, and assess how strong each side’s position is. During this exercise, legal teams gather documents, ask clarifying questions, and interview witnesses, and they use their findings to develop legal strategies for trial or obtain out-of-court resolutions.

The discovery process provides the parties with an opportunity to develop a solid case, uncover evidence, spot flaws in the other side’s arguments, and conduct informed settlement negotiations. Additionally, it allows companies to demonstrate their transparency and professionalism, which can bolster their position during settlement discussions and court hearings.

What Are the 4 Types of Discovery?

Both sides can utilize four tools for gathering evidence during discovery. These are as follows.

Document Demands

These are requests for documents that are relevant to the case’s claims and defenses. Both sides can request a variety of printed documents, as well as electronically stored information (ESI), which includes digitally stored documents, emails, and text messages.

Requests for Admission

Requests for admission are when either side asks the other to deny or admit certain facts. Such requests cannot concern legal conclusions, and if the opposing side chooses not to answer, the facts claimed by the party requesting an admission are typically considered to be true.

Interrogatories

Interrogatories refer to written questions the responding party must respond to under oath and in writing. Both parties typically use this tool to obtain information that they may ask the other party to elaborate on during depositions.

Depositions

A notable discovery tool is a deposition, an oral out-of-court testimony taken under oath, as defined by the National Institute of Justice (NIJ). During depositions, an attorney asks a witness or the opposing party several questions that they must answer. The answering party may object, on some occasions, to these questions on the basis of relevancy, question phrasing, or privilege.

Find out more about discovery’s role in business litigation, and discover how a lawyer might aid organizations considering or facing legal action. Contact the law offices of Schwab & Gasparini to continue this discussion with an experienced New York commercial litigation attorney.

Discovery Objections Explained

During requests and interrogatories, the parties may provide an answer, respond and object, or object completely and refuse to respond (a judge might order the objecting side to provide the information if they disagree with the objection). The parties might object for various reasons but usually because a request is overly broad, vague, or excessively burdensome (for example, the information requested is unreasonably large). Other valid objections include irrelevant requests, publicly available information, trade secrets/confidential business information, and privileged information (such as communications between an attorney and their client).

Responsibilities of Parties During Discovery

The parties involved in a lawsuit have several responsibilities during discovery to ensure a smooth and fair legal process. These duties include the following.

Preserving Evidence

Once it looks like litigation may happen, each side must legally preserve relevant documents and other evidence, including stopping policies for destroying documents (for example, email deletion or paper shredding), not changing current records, and protecting digital data, such as electronic documents, texts, and emails. Each party might consider advising the other, as well as third parties possessing relevant documents, to avoid destroying evidence. When litigants fail to preserve or retain evidence, known as spoliation, they could face monetary penalties and legal consequences, such as lawsuit dismissal, striking a pleading, or permitting a jury to infer that the offending party did this to hide something.

Being Honest With Their Attorney

Each side’s attorney requires an honest and full account of the scenario to provide effective representation. This involves sharing all relevant information, including both positive and negative details, and promptly providing requested documents. Taking this approach helps avoid unnecessary revelations during discovery that might harm a case.

Organizing Records

To answer discovery requests, the parties typically need to gather a significant number of documents, meaning a high level of record organization can ease this process. Attorneys may help the parties identify required records and avoid overlooking information.

Preparing for Depositions

If discovery involves depositions, both parties may wish to prepare thoroughly to minimize embarrassment and boost confidence. The parties’ attorneys can help with identifying possible questions, preparing responses, and practicing delivery.

Meeting Deadlines

Discovery often gives the parties tight deadlines, and if they miss them, this might harm their case or lead to penalties. To ensure they meet these deadlines, the parties may consider promptly answering requests and being proactive with information gathering.

Understand More by Contacting an Experienced New York Business Litigation Attorney Today

Discovery refers to a specific litigation phase that usually starts shortly after the plaintiff files a lawsuit and both sides have exchanged preliminary disclosures, allowing the parties to share information and find out about each other’s defenses and claims. Due to the highly complex nature of navigating discovery, and commercial litigation in general, it may help to consult with a knowledgeable New York business litigation attorney. Call Schwab & Gasparini today at (315) 422-1333 (Syracuse), (914) 304-4353 (White Plains/Hudson Valley), or (518) 591-4664 (Albany) to learn how our legal team can help companies overcome the legal hurdles they are facing.

Mon May 12 2025, 12:00am