What is discovery phase and how long does it take?

Asked 1 year ago under Employment and Labor | 199 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 1 year ago

"Discovery" is the phase or portion or period of a lawsuit during which the parties (the plaintiff(s) and defendant(s)) can obtain information from each other--and also from non-party witnesses or others with relevant information--using the legal mechanisms of "discovery," such as--

Written interrogatories (questions)

Requests or Notices to Produce Documents

Requests for Admissions

Subpoenas

Discovery lasts typically 2 - 4 months, but the exact time depends on the specifics of the lawsuit and what is ordered by the judge in the particular case. Any information or documentation (with "documents" including emails, text messages, photographs, videos, spreadsheets, etc.) which is either itself relevant or which will lead to finding other relevant information can be obtained.

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