Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney for guidance related to your specific situation.
Discovery is a crucial part of the litigation process, allowing each party to request and exchange information pertinent to the case. One key aspect of discovery responses that sometimes gets overlooked is the need for these responses to be verified. In this blog post, we explore why obtaining verifications to responses in discovery is so essential.
Understanding Discovery and Verifications
In a civil lawsuit, discovery is the pre-trial phase in which each party can obtain evidence from the other party. This might include interrogatories (written questions), requests for production of documents, and depositions.
A verification is a formal declaration, under penalty of perjury, stating that the responder’s answers are complete and correct to the best of their knowledge. In California, verifications are typically required unless they have been waived or the responses are solely of business records.
Why Verifications are Crucial
Verifications add a layer of accountability to the discovery process. Here’s why they are important:
- Ensuring Truthfulness: Verification under penalty of perjury can deter parties from providing false or misleading information, making it a powerful tool for maintaining the integrity of the discovery process.
- Enforcement of Responses: In California, unverified responses are treated as though no response has been given, meaning that they cannot be used as evidence, nor can they protect a party from motions to compel further responses.
- Establishing the Record: A verification solidifies the record, making it clear what information the responding party contends to be true. This is vital in case of any future disputes over the content of the responses.
- Preparation for Trial: Verified responses can be used at trial to question witnesses and potentially impeach their credibility if their trial testimony differs from their discovery responses.
Navigating Discovery with LA Law Group
The discovery process can be complex and time-consuming. However, it is an integral part of building a robust case. The experienced team at LA Law Group is here to assist with every aspect of your legal journey, including managing the discovery process and ensuring all responses are properly verified.
If you need assistance with a civil litigation matter or have questions about the discovery process, call us at 866.625.2529.
Contact LA Law Group today. We’re dedicated to helping you navigate the legal process with confidence.
