Claims process
Discovery
Discovery is the formal pre-trial process in which each side must produce documents, answer written questions and give sworn testimony, and it is usually the longest phase of a litigated case.
It is where most of the delay in a filed case lives. Document production, interrogatories and depositions all run on the court's schedule rather than anyone's preference.
Discovery is also why premises and product cases take longer than motor vehicle cases — liability has to be built from records rather than assumed from a crash report.
Related terms
- Deposition — A deposition is sworn out-of-court testimony given in response to questions from opposing counsel, recorded by a court reporter and usable at trial.
- Litigation — Litigation is the phase of a claim after a lawsuit has been filed, encompassing discovery, motions, and trial preparation, and it typically adds a year or more to a case's timeline.
- Settlement — A settlement is an agreement resolving a claim for an agreed sum, in exchange for which the claimant signs a release permanently giving up the right to pursue it further.
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