Responding to written discovery (questions) is one component of the litigation “discovery” process. Discovery is the process through which parties to a case gather information. A client’s participation in the written discovery process is key to helping the legal team craft requests for information, and in providing complete, timely, and accurate responses. Written discovery can be expensive; involvement from the client can help to ensure the process is as efficient and effective as possible.
Below are some key tips and insights to help you navigate the written discovery process:
- Understand the Timeline
As soon as your attorney receives discovery requests – such as interrogatories (written questions) and requests for production of documents – a countdown begins. Most jurisdictions require a party to respond to questions within a specified period, usually 30 days. However, depending on the nature of the case and the requests, your attorney may be able to obtain additional time to respond.
Tip: Respond promptly to your attorney’s requests for information or documents. Delays can create unnecessary stress and increase legal costs.
- Be Thorough and Organized
Your role typically includes gathering documents, answering factual questions, and verifying the accuracy of responses. Your attorney will help assess what’s relevant and prepare the formal responses. It’s important that you:
- Know what is expected of you;
- Work with your attorney to identify who may have potentially relevant information and where potentially relevant information may be located;
- Do not start collecting/gathering information until your attorney gives you direction as to how they want it done. If you access and/or gather electronic information on your own, you may inadvertently destroy or modify electronic information which may be important to your case.
- Don’t Withhold Information Without Consulting Counsel
Certain information may be protected by legal privileges – such as attorney-client privilege or work product doctrine – but don’t decide on your own what to exclude. Provide the information to your attorney for review. If sensitive personal, financial, or proprietary information is involved, your legal team may seek a protective order to safeguard it during discovery.
- How Objections Are Handled
Your attorney may object to certain discovery requests based on legal grounds such as:
- Vagueness or ambiguity;
- Overbreadth or undue burden;
- Relevancy; or
- Privilege or confidentiality.
Your attorney will review each request carefully and ensure appropriate objections are raised to protect your rights.
- Document Production: Key Considerations
When responding to request for document production:
- Your attorney will review and organize the documents/information;
- Irrelevant, non-responsive, and/or protected information may be removed from the production; and
- Some documents may need to be marked as “Confidential.”
If documents are withheld due to privilege or confidentiality, your attorney may prepare a privilege log. A privilege log is a summary listing of what’s being withheld and why.
- Verifying Your Answers
You will need to sign a Verification Page affirming that your responses to interrogatories are accurate and complete. This is a sworn statement, so accuracy is crucial.
Final Thoughts
Responding to discovery can feel daunting, but with preparation, attention to detail, and strong communication with your legal team, the process becomes manageable. By actively participating and following your attorney’s guidance, you help build a stronger case and protect your interests throughout litigation.
If you’ve received written discovery and aren’t sure what to do next, we’re here to help. Contact our office to schedule a consultation and ensure your responses are handled correctly and strategically.