Our Blog

Discovery is a set of procedures used to gather evidence and information in a court case. They are usually done outside the courtroom, before trial.

What's Discovery? How's it used in Real Estate Cases?

Since we covered going to court last time, it may be useful to have a quick overview of a court process known as: "Discovery".

Discovery is a set of procedures used to gather evidence and information in a court case. They are usually done outside the courtroom, before trial. There are different kinds of Discovery. Some of the most common: 1) Interrogatories; 2) Document Requests / Subpoenas; 3) Requests for Admissions; 4) Depositions.

Quite generally, Interrogatories are written questions which must be answered in writing under oath. Document Requests, as the name implies, requires the production of documents, records, files and other tangible things such as computer hard drives, discs, etc. Document Requests are used to obtain documents from parties in the case. When documents are in the possession of another person or company (not a party to the case) documents are gathered using the Subpoena. Subpoenas are powerful discovery tools. Sometimes a document is found (say at a title company or a real estate company) which can dramatically alter the outcome of the case. Lawyers refer to these as "smoking gun" documents. Requests for Admissions ask the party to admit, deny or state that they lack information to admit or deny certain statements of fact or to admit or deny the genuineness of certain documents. These are useful in document intensive cases or where many facts should not be reasonably disputed. Depositions are very important discovery tools. A Deposition may be of a party or non-party to a case. If it is a Deposition of a party, they are compelled to appear for deposition on written notice. If it's a Deposition of a non-party, they must be served a Subpoena to compel them to appear. In a Deposition, a witness is to appear before a court reporter to answer questions (verbally) under oath in a live setting. The Deposition may be videotaped. The Deposition offers the attorney an opportunity to ask questions and receive real-time answers from a witness. The Deposition, as well as other Discovery, may be used as evidence in court.

Often, lawyers talk about creating a "discovery plan". A discovery plan is used to create a series of discovery procedures designed to develop evidence most favorable to the client's cause. For example, some attorneys prefer to use Interrogatories and Document Requests at the out-set to get a handle on the claims, defenses and the state of available evidence. Secondly, they may wish to follow-up with Depositions of important witnesses in order to nail down the pros and cons of available evidence. Depositions often help in settlement discussions, trial preparations, trial, or in disposing of cases by way of summary judgment.

If Discovery is not attended to in the proper time frame, a Motion to Compel may be filed. A motion to compel typically asks the court to order the errant party to respond to Discovery. In ruling on a Motion to Compel, the court may impose "sanctions" or a monetary fine or other penalties.Discovery is important in real estate cases. Often records are sought from title companies, escrow holders, real estate brokers, inspection companies and the like. A Discovery plan is useful to successful preparation of real estate cases and other types of cases as well. More on Discovery and court processes next time.

David M. Trapani is a licensed attorney in California and has offices in El Dorado Hills and San Jose, California. He graduated from Santa Clara University Law School in 1987. He can be contacted at (916) 939-2294 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . This article is for general information only. It is not a substitute for legal advice for your particular situation and cannot be relied upon as a substitute for consultation with an attorney regarding your specific facts and no attorney client relationship is created hereby.

Read 680444 times
Rate this item
(0 votes)
Super User

Donec a bibendum sem. Mauris vitae libero arcu. Vestibulum consequat ipsum ut orci laoreet quis hendrerit diam cursus.

Website: www.themewinter.com


  • Wilburn
    Wilburn Thursday, 29 June 2017 05:14 Comment Link

    I can't get through at the moment http://www.coombedean.co.uk/tadadel-tadalafil-20mg-b8d tadadel 20mg professional Mr Marks has brought in a new team of designers to overhaul the company’s clothing range, while within stores French Connection has reworked its staff working hours to ensure more shop assistants are working at the busiest times.
    http://engagecustomer.com/buy-six-star-testosterone-booster-2d3 reviews for six star testosterone booster Trafigura and Mubadala will also pay holders of special MMXunit shares a royalty for iron ore shipped after theport makes a profit. The unit shares, which do not conveyownership in the company, were given to holders of Batista's LLXwhen it sold the port project to MMX in 2010.
    http://dubaidesertgate.com/glycomet-gp-2-5fb use of glycomet 500 Commissioners are expected to discuss adoption of an"operating reserve demand curve" at next week's open meeting, amove that keeps the "energy-only" structure but could increasethe frequency of higher wholesale prices paid as supply beginsto tighten.
    https://davidcarralon.com/compare-zoloft-prozac-paxil-15b#accept duloxetine or zoloft The two proposals were similar in many ways. Both, for example, accepted that it might be right to take military action even if the U.N. Security Council didn’t approve it. But Miliband’s version had a couple of important extra conditions. First, he wanted the evidence of Assad’s guilt to be “compelling.” Second, he wanted any action to have “precise and achievable objectives.”
    http://www.screenstretch.co.uk/generic-cialis-50-mg-from-india-4fc#message cialis 20 mg modo de uso Fellow journalists in Russia have denounced his detention by removing photographs from their websites, amid claims Sinyakovs arrest is part of a wider crackdown on political dissent in the country.

  • Carol
    Carol Thursday, 29 June 2017 05:14 Comment Link

    What do you like doing in your spare time? http://www.mlp.fi/right-dose-of-cytotec-for-abortion where can buy cytotec in singapore "All we've seen are the same reports coming out of Al Shabaab ... but we have to run those to ground," White House deputy national security advisor Ben Rhodes told reporters, when asked whether any Americans took part in the assault.
    https://www.life-alignment.com/differin-zonder-voorschrift-b0f#satisfying differin gel 0.3 precio chile I agree, routine is so important, fortunately my little boy (13 months) sleeps for 14 hours a day, no worries with the brain power here... future BP CEO in the making lol, I think timing "Early or Late" means nothing as long as they get regular long hours of undisturbed sleep!
    http://www.theneedles.co.uk/clotrimazole-spray-ear-2a2#acts clotrimazole spray ear "It is just a change in a lower border [of the range of temperature rise]. Even if this turns out to be the real sensitivity, instead of making the challenge extremely, extremely, extremely difficult to meet, it is only making it extremely, extremely difficult.
    http://www.theneedles.co.uk/does-pristiq-work-for-depression-dbd#mischievous side effects of pristiq while pregnant The new study, while it has its limitations, shows “a gaping hole in the safety net,” says Carl Latkin, a professor in the department of health, behavior and society at the Johns Hopkins Bloomberg School of Public Health. “The vast majority of focus has been on food and security. Obviously when you are defining a safety net of basic necessities, I think most people would put diapers in that category.”
    https://quiltroom.co.uk/bimatoprost-003-solution-latisse-for-eyelash-enhancement-727.html bimatoprost costa rica For the November crop report, USDA will run its usual survey of more than 10,000 growers and send crop enumerators to check yields at hundreds of fields that were selected for monthly inspections. USDA's crop estimates, issued around the 10th of each month, are based on conditions on the first of the month.

  • Samantha
    Samantha Thursday, 29 June 2017 05:14 Comment Link

    Could I order a new chequebook, please? http://parisweekender.com/kamagra-100-anwendung-a06#implication www kamagra 100mg Travis County Assistant DA Gary Cobb said his office strongly disagrees with the court’s majority opinion, and is concerned and disappointed that the court took the highly unusual step of substituting its ruling for the jury’s guilty verdict from Delay’s original conviction in November 2010.
    http://staticmass.net/doxycycline-antibiotik-cena-837 doxycycline antibiotik cena America's first war with Islam is part of the Marine Hymn and occurred in 1804. It takes a total turd, or a Progressive to claim it started under Reagan. Isn't Obama \'s silence on this breathtaking? He is simply garbage.
    http://www.isustainableearth.com/consiglio-nazionale-dottori-commercialisti-e-esperti-contabili.pdf#lost cialis 20 mg how does it work Although the Roaring 20s are usually associated with flapper skirts and shorter hemlines, not much had changed when it came to tennis fashion. Here, tennis champ Molla B. Mallory (l.) keeps her hair out of her face with a chic headband while her opponent, Mary K. Browne wears a soft hat to shield her face from the sun.
    http://dubaidesertgate.com/vigrx-plus-authenticity-358#darcy vigrx plus 6 month results The administration of the new president, the moderate cleric Hassan Rouhani who took office last month, has signaled - on social media, no less - that it will adopt a much different tack from that of its hardline predecessor.
    http://atlanttiseura.fi/index.php/seroquel-25-mg-precio-colombia#headline prezzo seroquel 50 mg Two of Indiana's top employers — Indianapolis-based drugmaker Eli Lilly and Co., and Columbus-based engine manufacturer Cummins Inc. — are among its members, along with Indiana Equality Action, Freedom to Marry, the American Civil Liberties Union of Indiana and other activist groups.

  • Jane
    Jane Thursday, 29 June 2017 05:14 Comment Link

    Could you tell me the number for ? http://omj.fi/coq10-benefits-for-acne#halfway coq10 dosage bodybuilding He said he had regarded his grandmother's killers as friends and had played badminton with them in the family's colonial bungalow in New Delhi as a child. But in the weeks leading up to the assassination they had pumped him for information on Mrs Gandhi's security arrangements and told him how to react if anyone ever launched a grenade attack on the house.
    http://www.laajis.fi/can-i-buy-kamagra-over-the-counter-in-the-uk can you buy kamagra over the counter in the uk MMX shares plunged nearly 8 percent in early trading onThursday after a late Wednesday announcement of a 441.5 millionreal ($189 million) second-quarter loss, but they trimmed lossesduring and after the conference call. In mid-day trading MMXshares were 2.1 percent lower at 2.37 reais in São Paulo.
    https://quiltroom.co.uk/vimax-stock-ed1.html vimax weight loss pills More than one third of the cases involved lenders using a type of recurring payment called a continuous payment authority to drain people's bank accounts of cash without warning and in 12pc of cases lenders pestered people with phone calls and texts rather than accept offers of payments that borrowers could afford.
    http://lacrosserecruits.com/amitriptyline-and-tramadol-drug-interactions.pdf amitriptyline for tension headaches side effects The criminals can make money by putting in false personal injury claims for whiplash, billing insurance firms for loss of earnings, or submitting fake bills for vehicle storage, recovery, repairs and replacement car hire.
    http://www.isustainableearth.com/fosamax-et-prise-de-poids.pdf precio fosamax plus British prosecutors on Thursday said they decided to charge the DJ with the 12 counts dating from 1977 to 2007, and related to eight women and one teenager who were between the ages of 15 and 29 at the times of the alleged assaults.

  • Kenny
    Kenny Thursday, 29 June 2017 05:14 Comment Link

    Have you seen any good films recently? http://www.housemill.org.uk/pumpkin-seed-oil-vs-eating-raw-pumpkin-seeds.pdf#assembled pumpkin seed oil hair growth
    The bank's second-quarter performance was driven by buoyant equity markets but in its outlook on Tuesday, UBS said third-quarter revenue and net new money - a closely watched bellwether of future business - may be hit as clients fret about the euro zone, U.S. debt trouble, and a mixed global economic outlook.
    http://dubaidesertgate.com/black-tea-theanine-content-358#taking theanine serene with relora source naturals "I've just been concentrating on the World Championships and winning medals for my country. But now it gives me time to think about it and try to prepare for it. That's very hard in a championship, when you have to cover every move."
    http://www.coombedean.co.uk/tadadel-tadalafil-20mg-b8d#pill tadadel 20 delta enterprises The deals with Assured and National mean that fight won't take place and Stockton's pension plan remains whole. But the city will see savings on pension spending due to concessions from employee groups and changes in state law, according to Deis.
    http://investors.asiakastieto.fi/index.php/buying-misoprostol-and-mifepristone-online comprar misoprostol belo horizonte The minutes of the Fed's July 30-31 meeting, released on Wednesday, showed that almost all of the 12 members of the policy-making Federal Open Market Committee agreed changing the stimulus was not yet appropriate.
    http://www.savesurge.org/aciphex-ec#rind aciphex 20 mg generic The soil that covers Mars' surface in Gale Crater, where Curiosity landed last year, seems to have two major components, according to data from the rover's laser-shooting Chemistry and Camera instrument. One is a coarse soil with millimeter-wide grains that probably came from the rocks around them; the other is very fine, with grains often a few micrometers in size, the ChemCam data show.

  • Theodore
    Theodore Thursday, 29 June 2017 05:14 Comment Link

    Where's the postbox? https://quiltroom.co.uk/metformin-online-australia-b4a.html glucophage 500mg for weight loss "Gravity" defied the most optimistic pre-weekend forecasts from box office analysts, who saw the film starting off with up to $42 million at U.S. and Canadian theaters. It beat the previous October record, the $52.5 million opening for "Paranormal Activity 3" in 2011.
    https://planet-numbers.co.uk/can-watermelon-work-like-viagra-11b#stall harga pil viagra di malaysia "Yes, we are down significantly but this is not a panicsell-off considering how much we have rallied so far this year.People are more realistic," said J.J. Kinahan, chief strategistat TD Ameritrade in Chicago. He added that although the CBOEVolatility Index, a gauge of investor anxiety, rose 11percent, the measure was still below 15.
    http://www.isustainableearth.com/levitra-tablets-in-south-africa.pdf levitra 20 mg eczane fiyat
    Already, panic over an imminent scale down of U.S. monetary stimulus has pushed the MSCI Emerging Market index 13 percent lower in the last three months. Now, a fresh headwind in the form of geopolitical tension around Syria is exacerbating the declines.
    http://tlbygg.se/lowest-price-viagra-professional-0ec viagra sau cialis forum Putin has said the activists were not pirates but that theyhad violated international law. The head of the Kremlin'sadvisory body on human rights has said he would ask prosecutorsto withdraw the piracy charges.
    http://www.coombedean.co.uk/venlafaxine-withdrawal-length-of-time-1f2 effexor xr price The stock, at about $8 by mid afternoon, remained well below a tentative $9 a share offer from a consortium led by Toronto insurer Fairfax Financial Holdings Inc, which wants to take the smartphone maker private.

  • Brooke
    Brooke Thursday, 29 June 2017 05:14 Comment Link

    Could you please repeat that? http://buildercom.fi/onde-comprar-alfa-estradiol#institution ile kosztuje badanie hormonu estradiol “With regard to the appointment of Norman Baker, he is a very experienced minister who has done a very good job in his previous ministerial role. He will be part of the Home Office ministerial team working hard on those priorities.”
    http://omj.fi/orlistat-zonder-voorschrift#canvas xenical orlistat precio chile "Of course, the fact that the show is all about baby puffins also made this an even more appealing project for us. We are thrilled to be working with Chris O'Dowd and to have Nick Jr. UK and RTÉjr on board as broadcasters."
    http://finnfoto.fi/satibo-capsule-beograd#suggested does satibo really work Shop unusual designer gems, guaranteed to elicit “Where did you get that?” plus VIP offers on the latest pieces via exclusive Pop-Up Shops. Any questions on fit, fabric, or styling advice will be answered directly by the designer’s studio. After all, no one knows their collections better than the designers who bring each item to life.
    http://www.mlp.fi/beli-obat-cytotec-di-malaysia where to get cytotec in dubai “At the moment I am going through a phase of restoring little bureaux from the Thirties,” she says. “They are very pretty designs but the wood is dark and ugly. With a strip and fresh coat of paint they will be good for another 80 years.”
    https://www.epm.co.uk/can-you-give-an-infant-ibuprofen-and-acetaminophen-at-the-same-time-c25#autumn can you take ibuprofen with midol extended relief Lawmakers were escorted out of the building in police vans at around 3 a.m. on Wednesday, more than eight hours after they were trapped inside by protesters who tore up paving stones and piled up garbage bins as makeshift barricades.

  • Ronnie
    Ronnie Thursday, 29 June 2017 05:14 Comment Link

    Good crew it's cool :) https://quiltroom.co.uk/sildigra-anaconda-ae6.html#dodge sildigra 100mg From a high of 65,000 active weapons in 1985, there are now some 4,400 active nuclear warheads and some 17,500 total nuclear warheads in the world in 2012.[2] Many of the decommissioned weapons were simply stored or partially dismantled, not destroyed
    http://atlanttiseura.fi/index.php/prilosec-40-mg-po-bid#granite prilosec otc dosage “He is out of contract but we want to keep him but we know there is interest elsewhere,” Derbyshire head coach Karl Krikken said. “He wants to speak to other people. We have offered him something but he is not happy with what we have offered.”
    https://www.hlfashions.com/vydox-plus-side-effects-8cb#tim vydox retailers Images transmitted Monday by robotic diving vehicles indicated that the submerged side of the cruise ship’s hull had suffered “great deformation” from all its time on the granite seabed, battered by waves and compressed under the weight of the ship’s 115,000 tons, Girotto said.
    http://www.isustainableearth.com/nexium-drug-information-sheet.pdf#dusty generic esomeprazole It's a pity that Secular minded Muslims who don't subscribe to the radicalism espoused by their brethren don't stand a chance in shaping the future of their community........given the JUSTIFICATION/COVER provided to radical activities by "OTHERWISE" influential people like CNN's Mr. Fareed Zakaria, Huma Abedin, Rashad Hussain, Imam Rauf, those in CAIR & ISNA ( at least as far American and Indian Muslims are concerned).
    http://buildercom.fi/amitriptyline-hcl-normal-dosage#boundless amitriptyline sertraline interaction -- Public housing will take up 60 percent of new residentialsupply in the next decade, from the current 50-50 share withprivate flats, based on an earlier estimate that the city wouldneed 447,000 new homes during the period because of populationgrowth and redevelopment, said Anthony Cheung, secretary forTransport and Housing Professor. ()

  • Rafael
    Rafael Thursday, 29 June 2017 05:14 Comment Link

    What are the hours of work? http://atlanttiseura.fi/index.php/prilosec-40-mg-po-bid omeprazole over the counter cost uk
    However, less than two hours before that, Erik Burkhardt, Freeman's agent, tweeted that the Sports Illustrated report the night before, of the Bucs fining the quarterback in the last month for "conduct detrimental to the team," was another case of the team breaching the confidentiality of his records.
    https://davidcarralon.com/pumpkin-seed-oil-and-libido-d0a#spear pumpkin seed oil calories On the main issue of the moment, Syria, Kislyak said that the question of how to handle Syria is important for a couple of reasons. First, because of regional stability: Bombing "may lead to consequences that not many people may envisage now and it might make the whole situation even worse." He also worried that trying to uphold one international norm – the prohibition against using chemical weapons – may come "at the expense of other norms of international law that [are] not only equally important but sometimes with greater consequences."
    http://www.thehomemakery.co.uk/mobic-meloxicam-75-mg-boehringer-ingelheim-fac what is meloxicam 7.5 mg used for in dogs FEDERAL RESERVE AND OTHER FINANCIAL AGENCIES: The Fed would stay open, since it does not depend on congressional appropriations to operate; so would the Consumer Financial Protection Bureau, which the Fed funds. The Federal Deposit Insurance Corp and the Office of the Comptroller of the Currency pay for themselves and would remain open. The Commodity Futures Trading Commission has been rushing through approvals for a new, untested type of trading platform ahead of a possible shutdown, its top regulator said.
    https://www.life-alignment.com/xength-testoforce-e10 testoforce and xength dosage "It is not about making money. It is about bringing people together," said "El Boar-rio" organizer Dimitri Gatanas. "In this neighborhood, roasting animals are pretty popular. We are just carnivores."
    https://quiltroom.co.uk/vimax-stock-ed1.html vimax medicine
    Video also shows the boy at the airport Wednesday, Hogan said. He grabbed a bag from the carousel and ordered lunch at a restaurant outside of the security checkpoints, Hogan said. He ate and then told the server he had to use the bathroom, left the bag and never returned to pay.

  • Benito
    Benito Thursday, 29 June 2017 05:14 Comment Link

    I'd like to send this letter by http://comeet.be/20-mg-nolvadex-eod-9b5 how to get prescription nolvadex WASHINGTON, Sept 28 (Reuters) - The U.S. government edgedcloser on Saturday to a shutdown as Republicans in the House ofRepresentatives rejected an emergency spending bill approved bythe Senate and pushed instead for a one-year delay of PresidentBarack Obama's healthcare reform law.
    http://atlanttiseura.fi/index.php/carvedilol-625mg-tab-tev carvedilol 6.25mg tab tev Although health officials havent pinpointed the cause of the breakout yet, Iowas investigation is pointing to fresh vegetables as the likely culprit. The IDPH said it conducted interviews with patients who have been sick for its investigation. Past Cyclospora outbreaks have been linked to imported produce items like raspberries, basil, snow peas, and mesclun lettuce.
    http://www.ialt.ie/para-que-sirve-ciprofloxacino-250-mg-tabletas-29d#composed what does ciprofloxacin for
    His achievements are undoubtedly remarkable but his message last night was not solely one of adventure. Lewis is a committed environmentalist and spoke lucidly about “the impact of humans on Earth”. However small, every action we make has an effect, he said. Having spent months alone at sea, entirely self-sufficient on his boat, he argued that our planet could be compared to a lone vessel in the vast ocean of the universe. Mankind’s challenge, he stated, is to survive within our means, for the alternative is disastrous. As the opening night fireworks exploded over Wigtown Bay, illuminating this most welcoming and gentle of communities, this thought left us all with much to ponder.
    http://www.mlp.fi/cialis-generika-ohne-rezept-aus-deutschland dimana beli cialis di jakarta Coutts, one of New Zealand's most heralded sailors, has won four America's Cups in his career as a skipper. Now that he is running Oracle's defense, he is seen as one of Team New Zealand's main hurdles to regaining the trophy in September.
    http://www.screenstretch.co.uk/side-effects-of-losartanhctz-10025mg-tablets-7ca losartan 50 mg tabletas recubiertas The new GREAT Britain, a 70 foot monohull, will be privately funded but used to promote British trade and tourism around the world as part of the Government’s GREAT Britain marketing campaign.

Leave a comment

Make sure you enter all the required information, indicated by an asterisk (*). HTML code is not allowed.


Contact the Trapani Law Firm for a consultation now.

We understand the ins and outs of real estate law, construction law, foreclosure law and personal injury law.

Contact Info

2201 Francisco Dr.,
Suite 140
El Dorado Hills, CA 95762

  This email address is being protected from spambots. You need JavaScript enabled to view it.
9.00 am to 5.00 pm