What Is Written Discovery?
A key part of litigation is written discovery. Attorneys from both sides exchange documents and questions to gather case-specific information. There are three main types of written discovery: interrogatories, requests for admission, and requests for production.
Requests for Production
Requests for production are often the most important type of written discovery. These requests ask the other party for documents that relate to critical issues in the case. In an insurance lawsuit, your attorney may request documents covering:
- Communications with adjusters
- The insurer’s claim investigation
- Evaluation of your claim
The Claim File and Claim Notes
Most documents are found in the insurer’s claim file or claim notes, which they must legally maintain. The claim file includes correspondence, adjuster reports, assigned claim values, and settlement offers. Claim notes provide additional details, such as internal discussions or notes from conversations related to your claim.
Personnel and Training Documents
Your attorney may also request documentation on the insurer’s personnel, including work history, performance evaluations, training materials, and manuals used to guide claim handling.
Requests from the Insurer
Insurers can also request documents from you. They may seek:
- Reports or notes from builders and inspectors
- Receipts for repairs or purchases made due to damage
- Records of lost income or potential future loss of earnings
Interrogatories
Interrogatories are written questions exchanged between parties. They focus on similar issues as requests for production but require written responses. For example, your attorney may ask the insurer to identify individuals who worked on your file to decide whether depositions are necessary. Insurers may use interrogatories to clarify whether you are seeking ongoing medical treatment, narrowing the scope of issues in the case.
Requests for Admission
Requests for admission aim to simplify and narrow issues. For instance, the insurer may ask you to admit that you do not have continuing medical needs, or your attorney may request the insurer to admit there is no evidence that you failed to provide claim notice. Admissions reduce unnecessary disputes during trial.
Responding to Written Discovery
Written discovery can be lengthy and complex. Work closely with your attorney to answer requests truthfully and completely within the specified timeframe. Attorneys can advise when objections are appropriate and ensure responses meet legal requirements. Always preserve documents that may relate to your case, as failing to do so can negatively impact the outcome.
Timelines and Preservation Duties
Once discovery is served, you usually have 30 days to respond. Provide your attorney with all requested information promptly. Failure to preserve relevant documents can result in court penalties, including instructions to the jury that evidence was not kept properly.
