Most people lose lawsuits because they don’t understand one thing: discovery. Discovery is often where cases are won or lost — long before you ever set foot in a courtroom. If you don’t know how to use it, the other side will walk all over you. And if you ignore it? It might cost you your case.
Discovery is the stage of a lawsuit where both parties exchange information and evidence related to the case. Before the matter proceeds to trial, each side has the opportunity to request documents, submit written questions (called interrogatories), and gather facts through formal legal tools. The goal is to promote fairness by allowing both sides to fully understand the claims, defenses, and evidence involved.
This process plays a critical role in shaping the direction of a case. It can reveal the strengths or weaknesses of a position, help focus legal strategy, and, in many instances, lead to settlement or dismissal before trial.
Discovery is often where the real case happens. Many lawsuits settle or get dismissed during this phase because:
In debt lawsuits, for example, discovery lets you ask the collector to prove you owe the money. If they can’t? You might get the case dismissed.
Here are the most common tools used during discovery:
Document Requests
Each side can ask the other to hand over things like contracts, emails, bills, statements, or receipts.
Written Questions (Interrogatories)
These are questions you answer in writing, under oath.
Example: “What proof do you have that I owe this debt?”
Requests for Admission
These are simple statements you must admit or deny.
Example: “Admit that you signed the loan agreement.”
Depositions
These are live, recorded interviews under oath. Lawyers ask questions, and your answers can be used in court later.
Is Everything Fair Game?
Discovery allows for a wide range of inquiries, but it’s not without limits. Any request must be:
If a party fails to respond appropriately or refuses to cooperate, the court can intervene and compel compliance — and in some situations, impose penalties.
The timeline for discovery varies depending on the complexity of the case. It may take a few weeks in straightforward matters or several months in more involved disputes. Courts typically set deadlines for the completion of discovery to keep the case moving forward.
Discovery is governed by strict rules, procedures, and deadlines. Knowing what to request — and how to respond — can be the difference between building a strong case and missing key opportunities. Mishandling discovery can lead to missed evidence, waived defenses, or avoidable legal setbacks.
An experienced attorney can help navigate this process, ensuring compliance while using discovery to strategically strengthen your position and hold the opposing party accountable.
Whether you're dealing with a lawsuit, facing criminal charges, navigating a family dispute, responding to a debt collection claim, or resolving an immigration or real estate issue — our team is here to help. We guide clients through each step of the legal process, including discovery, with a focus on preparation, protection, and strategy.
From gathering evidence to challenging claims, we work to uncover the facts, defend your rights, and build a strong case from day one.
Contact us. The people of Florida & Texas have trusted Borell Law with their legal matters since 1989.
