Discovery Tools
After the initial discovery process is complete, either party may use any of the below described discovery tools to obtain additional information. In Justice Court, if any of the parties are not represented by an attorney, anyone wishing to conduct discovery must obtain court permission and must file the appropriate Motion for Discovery (link to form). Court permission is not required to conduct discovery in District Court.
Discovery Tools |
Description |
Depositions |
Depositions allow litigants to question parties and non-party witnesses about their knowledge of certain facts. Depositions can be done by questioning a witness or litigant in person or may be based on written questions, however, the party that wishes to take a deposition must pay the costs associated with this (ie for a court reporter, witness fee, etc.) Deposition Upon Oral Examination : In this type of deposition, all questions are typically asked under oath and in the presence of a court reporter who makes a transcript of everything the witness says. A deposition is arranged by the parties and is not done at court or in the presence of a judge. In certain circumstances, the testimony given at the deposition can be used as evidence at a later court trial. See JCRCP 30 or NRCP 30 for further information Deposition Upon Written Questions : The party taking the deposition sends written questions to the person being deposed and directs the party to an “officer” before whom the deposition is to be taken. This officer will then record the person’s responses to the written questions and return them to the party who prepared the questions. See JCRCP 31 or NRCP 31 for further information |
Interrogatories |
Interrogatories are written questions about things that are relevant, or important, to the case. A party can serve another party with up to 40 interrogatories. Written answers to the questions must generally be sent back within 30 days. See JCRCP 33 or NRCP 33 for more information. |
Production of Documents or Things |
Any party can serve another party with a "Request for the Production of Documents or Things." In this type of discovery, the requesting party asks the other party to produce a particular document or item, and to allow the requesting party to inspect and copy, test, or sample the document, item or electronically stored information. See JCRCP 34 or NRCP 34 for more information. |
Requests for Admission |
A party uses this type of discovery to ask another party to admit or deny certain facts pertaining to the case. Statements that are not denied or objected to within 30 days (some exceptions apply) are considered to be admitted. See JCRCP 36 or NRCP 36 for more information. |
These are not the only discovery tools available and this site does not address when the circumstances under which responses to discovery requests may be used in court or how a person who has received a discovery request may object. For information on these topics, you should talk with a lawyer or conduct your own legal research.
