ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Exchange of Information

Can a party in a civil action compel his or her opponent to disclose information and the names of witnesses even before the trial begins?

Yes. The process of finding out information from the other side before the trial begins is called discovery. This is a vital step in any civil litigation and a reminder that the goal of our legal system is to do justice rather than to reward the clever lawyer or secretive litigant. Surprise witnesses and secret evidence are things that happen on television or in the movies, but rarely in a real courtroom.

The exchange of information has the advantage that it becomes clear early what facts are at issue between the parties. This might result in a decrease in the amount of time that needs to be spent presenting evidence at trial, and could even help the parties resolve their dispute. It may also make summary judgment an appropriate option.

Among the pretrial discovery tools available to litigants are:

• Depositions. The lawyers for each side in a lawsuit may require potential witnesses to answer oral questions under oath before the trial.
• Interrogatories. Each party can submit a list of written questions to the other party, which again must be answered under oath.
• Motion to produce. Each party can ask the court to require the other to produce relevant documents or physical evidence in the other party's possession, custody, or control for the purpose of inspecting, copying, or photographing them.
• Request to admit. Each party can ask the other to agree that certain facts are true and thus spare both parties the trouble, expense, and delay of having to prove them at trial.