What is Discovery?

 

There are many aspects to a legal proceeding. One that frequently comes up during the course of your case is something called discovery.

So what is discovery? The legal definition of discovery is, “the fact-finding process in legal proceedings. The function of discovery is to allow all parties to prepare a case for a trial.”

While discovery is generally similar throughout the legal world, there can be slight differences across practice areas, especially the areas Marcie Baker specializes in. Today, I wanted to take some time to explain what each practice area entails when it comes to discovery and show you what you can expect for your legal case.

Workers’ Comp.

The discovery phase of a Workers’ Comp. proceeding has many elements. You will need to keep and maintain thorough records to help support your case. Examples of records and items that will likely be used in discovery are:

- Copies of medical records

- A report from the day you got injured that details what happened and what type(s) of injuries that you sustained

- Any important medical procedures to treat the injury like surgery

- Medical bills and any other supporting documentation

Family Law/Divorce

The discovery phase of a family law proceeding allows each attorney to gather relevant information to the case and make sure that there are no “surprises” at trial. Information that is gathered for discovery can also assist in determining child support, property distribution, and alimony. Examples of discovery items that can come up in a family law case are:

- Financials such as, income, assets, debts, and bank accounts

- Documents such as text messages, photos, and video recordings

- Statements regarding specific facts or allegations relating to your case

Bankruptcy

Bankruptcy is slightly different because you are required to submit forms and documents to initiate the Bankruptcy process in Florida. As the process continues, your attorney and trustee could ask for more in order to assist you in the best possible way. Some of these documents you will need to complete/produce are:

- A list of all of your property (personal items and real estate)

- A list of your creditors and the debt that you owe to each of them

- A showing of your income – to file for Chapter 7 Bankruptcy in Florida you have to pass the means test and earn below a specific income to qualify.

I hope this blog has helped you gain a better understanding of what discovery is and how it can affect your case. Please do not hesitate to reach out should you have any further questions or wish to discuss your case.

***This blog is meant to be informational and in no way constitutes legal advice. Should you have any questions regarding your legal claim please fill out our contact sheet below and we would be happy to schedule you for a free consultation. 

Sources: https://pribanic.com/legal-glossary/discovery-legal-definition/#:~:text=Discovery%20legal%20definition%3A%20Discovery%20is%20defined%20as%20the,a%20trial.%20The%20purpose%20of%20the%20discovery%20process%3F

 http://www.fuscolaw.org/legal-tips/what-is-the-discovery-phase-in-a-florida-divorce-case/#:~:text=The%20discovery%20phase%20is%20the%20opportunity%20for%20family,and%20evidence%20the%20other%20spouse%20may%20have%2C%20including%3A

 https://www.tampabaynewswire.com/2021/05/30/preparing-for-a-workers-comp-hearing-in-florida-98390

 https://www.floridalegaladvice.com/blog/florida-bankruptcy/