The Online Asbestos, Asbestos Cancer, & Mesothelioma Authority
Discovery
Before any legal proceeding can begin, it is necessary to go through the process of discovery. It is here that virtually all of the preparations for a trial are made, regardless of whether the proceeding is a civil suit or a criminal trial.
During the discovery phase, all parties to a lawsuit work to obtain, organize and clarify any and all evidence pertinent to the case at hand. This information may consist of (but is not limited to) documents, depositions (written or recorded oral testimony made under oath) made by all potential witnesses, a list of such witnesses, interrogatories (written documents consisting of questions asked and answered under oath), written requests for admissions of fact, photographic images, x-rays, health records, and any petitions and/or motions employed for the enforcement of discovery rights.
Discovery takes place under the legal theory of broad rights, which states that beyond the Fifth Amendment protection against self-incrimination, neither side in a legal proceeding should conceal anything from the other. Any attempts to introduce new evidence or testimony during a trial that was not part of the discovery phase will be disallowed by the presiding judge unless the circumstances are quite exceptional.
For example, if it is found that one party had deliberately or unintentionally concealed some type of information from the other, or if important evidence that was simply unavailable during the discovery phase comes to light during the trial itself, a judge may rule it admissible. However, the introduction of such evidence may also lead the party to whom it is unfavorable to move for a mistrial, and the entire process will have to start over.
The discovery phase can be quite contentious; as has been increasingly common in the U.S. for the past three decades, the wealthier and more powerful side (usually the defendant in civil cases) will often use delaying tactics in order to wear down the plaintiff, such as making expensive and difficult information requests, requesting orders to bar certain witnesses, or simply producing huge numbers of documents that may have little relevance to the case.