In civil litigation, understanding the basics of discovery can help you plan your case. Whether you are suing or defending a lawsuit in Cherokee County District Court, discovery allows both sides to gather the information they need to build their arguments. Understanding how discovery works—and how to use it strategically—can make a significant difference in the outcome of your case.
What Is Discovery?
Discovery is the formal exchange of information between the parties in a lawsuit. It occurs after the initial pleadings are filed and before the case goes to trial. The purpose of discovery is to prevent surprises and allow each side to evaluate the strengths and weaknesses of the case, as well as encourage settlement where possible.
In Tahlequah civil cases, discovery must comply with the Oklahoma Discovery Code.
What Can Be Discovered?
Under Oklahoma law, parties can request any non-privileged information that is relevant to the subject matter of the case—even if that information would not be admissible at trial. This broad standard can include:
- Witness names and contact information
- Documents, emails, photos, or videos related to the case
- Details about the damages a party is trying to claim from the other party
- Expert reports and qualifications
Common Discovery Tools
There are several basics to know for discovery in a civil case, such as:
1. Interrogatories
These are written questions that the other party answers under oath, helping to establish basic facts.
2. Requests for Production
This is a formal request for documents, records, or other tangible evidence. This could include contracts, emails, invoices, photographs, or any other relevant materials related to the dispute.
3. Requests for Admission
These ask the opposing party to admit or deny specific facts. If admitted, the fact is treated as conclusive.
4. Depositions
A deposition is an in-person, recorded interview that is conducted under oath. Attorneys question witnesses or parties about the case, and then the answers become part of the official record.
5. Subpoenas
Parties can also issue subpoenas to compel non-parties (such as banks, employers, or medical providers) to produce records or testify in depositions.
Limits and Objections
Although discovery is broad, it is not unlimited, meaning a party may object to a discovery request if it is:
- Irrelevant
- Overly burdensome
- Intended to harass
- Seeks privileged information (e.g., attorney-client communications or certain medical records)
When disputes arise, the court may need to intervene and rule on motions to compel discovery or for protective orders.
The Role of Discovery in Settlement and Trial
Information obtained in discovery is often able to drive negotiations, as once both sides understand the facts and evidence, they are better able to assess the risks and consider settlement. If the case proceeds to trial, the evidence disclosed during discovery forms the foundation for the trial strategy.
Each civil case in Tahlequah is subject to a scheduling order, which sets deadlines for completing discovery. Missing these deadlines can result in the exclusion of evidence or other sanctions, so working with an experienced civil litigation attorney is essential.
Tahlequah Civil Litigation Attorneys
Our Tahlequah civil litigation attorneys guide clients through every phase of the discovery process—from drafting effective requests to responding to aggressive tactics from opposing counsel. Whether you are pursuing justice or defending your rights, we ensure your case has a strong legal foundation. For a free and confidential consultation with one of the Civil Litigation Lawyers at Tahlequah Lawyers, call 539-867-2321, or follow this link to ask us a legal question.