Discovery
After the pleading step of the case is over, the next step is for both sides to collect and send each other information about the case to prepare for trial. This is called discovery. Some things to do to get ready for trial can be done on your own, like talking to people who may be your witnesses at the trial, taking pictures, or gathering certified copies of records. But most discovery is formal and has rules to follow. Formal discovery requires the parties to show their evidence to each other before the trial if asked to do so. The discovery asked for must be connected to the claims in the case. Discovery information is not filed with the court.
Interrogatories
Interrogatories are numbered written questions sent to the other side. The other side answers each numbered question with the same number for the answer and swears to the truth in front of a notary public. For more information on interrogatories, see the Colorado Rules of Civil Procedure.
Depositions
At a Deposition questions are asked in person. The person being deposed answers the questions under oath, like at a trial. A stenographer must be at the deposition to record every word that is said. After the deposition, the stenographer types all the questions and answers into a written document called the transcript. Depositions can be held in an attorney’s office or at the courthouse.
Subpoenas
If you want someone testify in Court or produce documents, you will need to visit the Clerk’s Office in your court to issue a subpoena for your court case. Attorneys can also issue subpoenas. There are several different types of subpoenas that can be issued depending on what Court you are in, including subpoenas to attend, attend and produce, or only produce documents.
Objecting to Discovery
A party can object to a discovery demand if he or she thinks that the information asked for has nothing to do with the case, or is not clear, or asks for way too much information that is not needed. The objection is made to the court by written papers called a motion. The court papers should say all the reasons that the person thinks the discovery demand is wrong. The objection to discovery must be made before the time to answer the discovery demand. Read How to Ask the Court for Something to learn about motions and orders to show cause.
Ignoring Discovery Demands
If a party does not answer a discovery demand, the other side can ask the court to order the party to do so. This is done in writing by making a motion or an order to show cause. The papers should tell the court what the discovery demand was made and how much time has passed. The court can order a party to answer a discovery demand. If the party ignores the court’s order to answer the demand, the other side can ask the court to punish the party. This is done by making a motion for contempt. The court has the power to punish the party for ignoring its order and can even dismiss the case, or strike an Answer.
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