Discovery Enables Both Parties to Know What Evidence May Be Presented
Video Transcribed: What is discovery? Hello, my name is Ryan Cannonie. I’m an attorney in Tahlequah with the Wirth Law Office. The term discovery is something I throw around a lot. A lot of attorneys do. It’s something that we use because we’re familiar with it, but a lot of people are kind of confused. What is discovery?
Well, in a criminal case, the discovery would be police reports, witness statements, photos, any type of laboratory reports, things of that nature. Family law, civil cases, it could be bank records. It could be any type of statement given by someone else.
It could be photos, could be anything you’re going to use. Basically, discovery is anything that contains evidence that you’re going to be using in the case. Whether that’s reports or photos or videos, audio recordings, any and all of the above, is what discovery ends up being.
Whenever we say, “We’re waiting on the discovery,” or, “I need to do a motion for discovery,” that means that we’re trying to get the other side to give us whatever the evidence is that they’re going to be using at trial, or at a hearing or whatever you’ve set for. Likewise, they can request and do request the same from your side, our side.
And so, whenever you are involved in discovery, there are rules to it. There are certain things you do and don’t turn over, and that’s why it’s important to have an attorney because it’s good to know what you have to or don’t have to do on that.
Additionally, if you don’t answer discovery, especially in civil and family law cases, it can have impacts where if they requested that you admit something and you didn’t respond in time, then it’s, by law, deemed admitted, meaning that you admit to doing blank.
If the other side sends a discovery request for admissions that says, number four, admit that you use controlled dangerous substances, specifically methamphetamine every day, and you never respond to that, then they can go into court and say, “Your honor, we sent this. They never responded.” It’s deemed admitted. The court will take notice that this person uses methamphetamine every day. That’s why it’s important to know not only what discovery is, but the timetables for replying to it and accurately replying to it.
If you have questions, if you’ve been served with a discovery request, if you are concerned about a case, if you have questions on how to do discovery, then please give us a call. We’ll talk to you. Hopefully, we can help. Maybe retain you as a client, and then we can jump in and help you with your discovery issues. Go to tahlequahattorney.com, when you need a Tahlequah Lawyer.