You have a personal injury claim. The other side does not agree to pay you fairly, and you are suffering physically, emotionally, and financially. You research the law, prepare your claim and file it with the court.
So the other side sends you a discovery request. You do not know what to do. You and your personal injury attorney will need to strategize about the best plan to respond to this request. Here’s what to do if the other party sends you a discovery request.
Understanding a Request for Discovery in a Las Vegas Personal Injury Claim
Discovery in a personal injury case enables the parties to learn the facts of their case and build their evidence for trial. You can discover by submitting a request to another party. You can also make a discovery by asking a non-party to sit in a deposition or to present evidence that may be relevant to the case.
The purpose of discovery is to help the parties learn about the case and reduce trial problems. By learning about the case, the parties can see where the facts of the case cannot be disputed. The defense can see that you have a strong case, and can agree to pay you a fair amount without taking your case to trial. Alternatively, the discovery could help you get to your trial date with a strong and clear case to make. The purpose of discovery is to allow the parties to receive a fair trial and access the evidence they need to prepare their case.
What does a discovery request look like in Nevada?
A discovery request can take several forms. For example, interrogations are questions written from the other side. They want you to answer the questions under oath. An admission request is another type of discovery request that asks you to admit certain facts about the case. Respond with admission or denial of each point.
Another type of discovery request is a production request. With a production request, the other party wants you to provide copies of the documents and other records. The other party or their attorney must sign a discovery request.
What are the rules for discovery in a Las Vegas accident case?
Rules 26 through 37 of the Nevada Rules of Civil Procedure address discovery in a Nevada civil case. The rules apply to personal injury cases in Las Vegas and throughout Nevada. The discovery rules say that either party can request discovery on any matter that is relevant and non-privileged. The rules give timelines for when one party can submit a discovery request and how the other party must respond.
The other side has 30 days to respond to a request for questioning. The 30 days begin after service of the application. When a party responds to a discovery request, they must answer the question or state an objection. An objection is a reason why you do not have to answer the question.
How to respond to a discovery request in a Nevada accident case
To respond to a discovery request in a Nevada accident case, prepare a written document containing the case information at the beginning of the document. List each question and then give your answer to the question. If you have documents to attach, please indicate “see attachment” and attach the records at the end of your response. At the end of your answers, you must include your signature and a statement that your answers are made under oath.
If you object to a question, state your objection. You must state the reasons for your disagreement. If the other party disagrees with your objection, they can raise the matter in court. The court decides whether to answer the question.
Common objections in Nevada discovery cases
There are a number of common types of objections to a discovery request. Common items to discover include:
Too expensive: the other side wants a lot of information. It would take so long to produce the information that it is unreasonable to ask you to provide it.
Irrelevant: what the other side is looking for really has nothing to do with the case.
Harassment – The other party is not honestly trying to build your case. They are just trying to harass you.
Duplicate: the request requests information that you have already generated.
More available to the other party: the other party has access to the information and must obtain it themselves.
The request is too general – it is not practical to respond to the request without more information.
You can indicate multiple objections to the same question. You must provide a reason for your objection. It is not enough to say that you have an objection.
One of the ways the defense might try to misuse discovery in a Nevada personal injury case is by asking detailed questions of the plaintiff that are unrelated to the case. For example, the defense may ask you questions that relate to your personal relationships or medical history. Questions about your personal life or embarrassing medical issues may not be relevant to the case. If the discovery request contains intrusive or irrelevant questions, rest assured that the defense may be trying to embarrass or discourage you. There are things you can do to challenge unfair or irrelevant questions in a discovery request.
What is the effect of responses to discovery?
Responses to discovery are admissible in court. It is the same as if you told the answer to someone else. Either party may attempt to admit responses to the discovery, as they might otherwise be admissible under the Nevada Rules of Evidence .
Our Nevada personal injury attorneys
Using the discovery process well can help you build a strong case. If you make mistakes, you can damage a great case. Our experienced attorneys can help you respond to your discovery request. We can help you protect yourself against harassment by the other side through the discovery process. Contact our legal team today.