Discovery in New York State litigation is the formal legal process where both sides in your personal injury lawsuit gather information, documents, and evidence from each other before trial. This process allows each party to "discover" facts about the case, understand the strength of the opposing side's arguments, and prepare for trial or settlement negotiations. Discovery typically includes exchanging documents, answering written questions under oath, and participating in depositions where witnesses are questioned by opposing lawyers.
In New York, discovery is governed by specific rules that require both sides to share relevant information within set time limits. Common discovery tools include document requests (where you must provide medical records, employment files, or accident reports), interrogatories (written questions you must answer under oath), and depositions (oral questioning sessions). The discovery process can take several months or even years in complex cases, but it's essential because it helps reveal the true facts of your case, identifies potential witnesses, and often leads to settlement discussions once both sides understand the strength of their positions.
