Dec 1, 2017

Requesting Formal Discovery in Law Suit


Requesting Formal Discovery from the Opposing Party

During a lawsuit each party has the opportunity to request formal “discovery” from the opposing party. These requests for discovery is accomplished by sending the opposing party three different “packets” requesting certain types of information.

I have included a copy of our initial drafts requesting information from the opposing party for your review and feedback. Pay particularly close attention to dates, names, and places to make sure that they are factually correct.

1.            Non-Uniform Interrogatories: Give us the opportunity to write our own questions for the opposing party. For example, we could ask the opposing party, “Explain in detail why you did not make the payments as agreed”.
2.            Request for Admissions: This allows us the opportunity to present statements to the opposing party in a way where they should respond in the affirmative. If they do not respond in the affirmative then they must provide an explanation of why they denied the statement. For example, we could write a statement, “Admit you did not pay back the money as agreed”. They are forced to “admit” the statement or deny it and then give a detailed explanation as to why they denied the statement.  
3.            Request for Documents: We are given the opportunity to request up to 10 different sets of documents from the opposing party.

In Arizona, the opposing party has 30 days--in the Arizona Superior Court or 40 days in the Justice Court--to produce the documents requested and their written responses.

Lastly, these packets are not exchanged with the Court. In fact, the Judge will never see this information unless a specific piece of information is formally introduced as evidence at trial. So don’t worry about impressing the judge, we are simply trying to gain useful information.

If you need help from a litigating lawyer in Tempe, Arizona then call me at 480-344-4035 or email to cdunaway@davismiles.com.