The very first step in discovery is the exchange of initial disclosures. Through initial disclosures, the parties are required to provide information they may use to support their cases at trial. This includes things like lists of witnesses and documents. The parties are required to supplement their initial disclosures as the case goes on. So if a new witness shows up, or if new documents are uncovered, those have to be disclosed.
And the stakes are high: if a party fails to disclose evidence, she may not be able to use that evidence at trial.
We are in the process of putting together our initial disclosures in my copyright infringement case against Tiffanie Rushton, and we should receive Rushton’s initial disclosures soon. This first round of discovery should give everyone involved a good sense of what evidence the parties currently have in their hands before any deeper investigation takes place.
Okay, so I’ve just scratched the surface. This process is so arcane and time-consuming! Hours of work on both sides.
Next time we’ll talk about interrogatories.
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