Pretrial Discovery in New Jersey
“Discovery” is a procedural device employed by a party to a civil or criminal suit, prior to trial, that requires the adverse party to disclose information that is essential for the preparation of the requesting party’s case and that the adverse party alone knows or possesses. Discovery tends to encourage the settlement of a lawsuit prior to trial by providing the litigants with the opportunity to realistically evaluate the facts of their suit.
Generally, discovery is obtained either by a court order, or by serving the adverse party with a notice to examine, which is prepared by the applicant’s attorney. With the exception of discovery in family actions, parties may obtain discovery by: oral or written depositions, production of documents or things, physical and mental examination, permission to enter upon land or other property, and requests for admissions. Unless ordered otherwise by the court, the frequency of these requests is not limited.
However, the court is responsible for preventing unreasonable investigation into a litigant’s affairs and will deny discovery if the request is intended to embarrass, annoy, oppress, or injure the parties or the witnesses who will be subject to it. While the court will not grant discovery requests to parties who are using it in bad faith, or as a fishing expedition to determine if they have enough to bring a certain action, or to develop a defense, public policy generally considers it desirable to give the parties access to non-protected material facts that will assist in the legal process.
Whether you are currently involved in litigation or considering filings a suit, the law offices of Freeman Hughes Freeman, LLC can help. We know pretrial discovery can be a tricky area of the law, which is why the law offices of Freeman Hughes Freeman, LLC take an unintimidating personal approach to every case. Brian and Tanya, the husband and wife team that lead our firm, ensure that every client is informed about their legal rights and cases every step of the way.
We have a caring staff with bilingual paralegals that are dedicated to taking care of you and your family’s needs. Please contact Freeman Hughes Freeman, LLC at (201) 222-7765 or click here to schedule a free consultation. For your convenience, we accept credit cards and offer evening and weekend appointments. No matter what your legal issue, Freeman Hughes Freeman, LLC, will put your needs first. We are committed to providing our New Jersey clients with reliable services when dealing with difficult legal situations.