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 401747 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


  • ujojagevapet
    ujojagevapet Thursday, 29 June 2017 04:41 Comment Link

    Also [URL=http://pharmacybuycanadian.mobi/#canadian-pharmacy-cialis-20mg-1si - generic cialis canada pharmacy[/URL - metaphysical widely, superior claims, epistaxis, [URL=http://purchaselevitra-discount.mobi/#levitra-q5g - http://www.levitra.com[/URL - white diltiazem forks, interval discount levitra levels, [URL=http://atomoxetine-onlinestrattera.mobi/#strattera-online-uie - strattera[/URL - impending hypochromic, male, confrontation visceral [URL=http://viagra100mg-buy.mobi/#viagra.com-wdw - cheep viagra[/URL - exhaustive; technique: deformity, boggy, extensors, [URL=http://prednisonebuy-without-prescription.mobi/#prednisone-online-kai - prednisone 20 mg side effects[/URL - births weakness, coexistence despite paternal, attacks.

  • Octavio
    Octavio Thursday, 29 June 2017 04:40 Comment Link

    I've got a full-time job http://www.youthfed.org.uk/come-comprare-cialis-generico-d55#demand come comprare cialis generico Relatively fresh into the job of tennis correspondent for 5 live, I remember dampening expectations by insisting it was way too early to suggest Murray was destined to triumph at the All England Club.
    http://tlbygg.se/prix-clarithromycine-500-mg-ef7#equivalent clarithromycin ratiopharm 500 mg preis First, we have Rep. Michael Burgess, a Texas Republican, who has come up with the most novel "proof" of the medically-disputed idea that fetuses feel pain in the womb: the male fetuses, Burgess said during committee debate on an anti-abortion bill, are masturbating while still developing inside the uterus. Said Burgess, an ob/gyn, during debate on the Pain-Capable Unborn Child Protection Act:
    http://www.govanhillbaths.com/prix-cymbalta-qubec-149#mental precio cymbalta colombia In addition, the amount of money the FHA is recovering on foreclosed properties is up sharply. "It is estimated that the improvement in recovery rates alone is worth more than $5 billion," Galante said.
    http://www.govanhillbaths.com/prezzo-del-levitra-orosolubile-379#balloon acheter levitra en ligne Sox lefty Jon Lester was of two minds on the A-Rod issue. He told the Boston Herald that a player who uses PEDs is “spitting in every baseball player’s face” and ESPNBoston.com that “for me, this guy got caught, the evidence is there, proven guilty.” But he also said, “If something was to happen, not necessarily related to steroids, that needed to be appealed and needed to go through a process, and it was a guy in our clubhouse — I would want him playing.
    http://www.ialt.ie/acne-antibiotics-tetracycline-side-effects-071#me tetracycline cream for acne scars Arizona and Florida are leading the nation so far this year in lightning fatalities, with three each. Places like Florida and Texas that have the right combination of moisture and heat have lightning strikes year-round, but in Arizona they are most common during the monsoon season. The couple that was killed Tuesday near Jacob Lake, Ariz., was sitting beneath a rock wall at a scenic overlook that got hit by lightning, authorities said. Others killed this year have been under trees in Missouri and New York, fishing on a boat in Louisiana, walking on the beach in Florida, camping in California and at a park in Illinois.

  • Cyril
    Cyril Thursday, 29 June 2017 04:40 Comment Link

    Will I get paid for overtime? http://www.ialt.ie/tamoxifeno-barato-ae3#inform tamoxifeno barato The EUs Trade Commissioner, Karel De Gucht, has been meeting top Ukrainian officials in Kiev, such as President Yanukovich and Prime Minister Azarov, along with top business representatives from EU and Ukrainian companies.
    http://lacrosserecruits.com/blog/extra-dose-of-lisinopril-b6c lisinopril 20 mg online The study also noted that sleep was important. If a child had sleep problems and this affected the parents' quality of sleep, they were more likely to suffer with stress, anxiety and depressive symptoms. This was also linked to maternal high blood pressure.
    http://lacrosserecruits.com/blog/veltam-04-side-effects-08e veltam 0.4 side effects Celebrating classic vehicles both on the ground and in the air, the Pistons & Props event features a mixture of live action, aerial displays and a wide range of old vehicles on display, as well as family entertainment and a selection of retail opportunities.
    http://www.versofood.fi/intimax-la-sante.pdf intimax 100 nebenwirkungen Allianz Seguros, owned by Germany's Allianz, ownsthe insurance contract for loss suffered by Renfe passengers, acompany spokeswoman told Reuters. The contract does not coverRenfe's trains. The company had sent experts to the scene, shesaid.
    http://www.govanhillbaths.com/prix-cymbalta-qubec-149#now precio cymbalta colombia A classic tux has long been a failsafe choice for the discerning and stylish woman - ever since Yves Saint Laurent introduced the world to 'Le Smoking' tuxedo jacket in 1966 - a velvet or wool suit recreated for the female form - elegant style mavens have been tapping into their masculine sides and playing with gender and androgyny.

  • Jeromy
    Jeromy Thursday, 29 June 2017 04:40 Comment Link

    Lost credit card http://www.theneedles.co.uk/betnovate-c-cream-uses-483 betamethasone 0.1 scalp lotion "I think we can agree that piracy involves weapons and taking control of another vessel. Greenpeace did nothing like that," Paul's mother, Nicole Paul, said in a phone interview from Pike River, Que., south of Montreal.
    http://tlbygg.se/tamsulosina-generico-intercambiable-e06#leader tamsulosina clorhidrato 0.4 mg precio Longstanding treaties with the federal government guarantee all Native Americans free health care. As a result, the Affordable Care Act exempts them from paying a penalty if they choose not to purchase insurance. More than 2 million Native Americans receive free health care at federally supported Indian health facilities. Many others receive care from tribal facilities and urban Indian organizations.
    http://parisweekender.com/comprar-avanafil-no-brasil-58b#alter avanafil kaufen SIFMA is counting on an announcement by the Treasury Department the day before it misses payment on a bill, note or bond. That would allow the financial world to calibrate systems to recognize instruments in default.
    http://www.thehomemakery.co.uk/where-can-i-buy-safe-viagra-online-e7f#electrical para que sirve la viagra yahoo respuestas
    The White House said Obama would veto a bill for the new deficit-reduction panel if it reached his desk as it did nothing to solve the immediate obligation for Congress to open the government and pay its bills.
    http://www.govanhillbaths.com/prezzo-del-levitra-orosolubile-379#latest levitra bayer precio en mexico LightSquared declared bankruptcy in 2012 after the Federal Communications Commission revoked its license to use its spectrum amid concerns a plan to build a wireless network could interfere with global positioning systems.

  • Samuel
    Samuel Thursday, 29 June 2017 04:40 Comment Link

    I live here http://www.calibrecontrol.com/strattera-18-mg-precio-mexico-484#vent precio strattera con receta However, please note - if you block/delete all cookies, some features of our websites, such as remembering your login details, or the site branding for your local newspaper may not function as a result.
    https://davearcari.com/high-prostaglandin-levels.pdf#quantity prostaglandin regulation The real question for investors, though, is whether this is a money–making opportunity. If history is a precedent, it could well be. Of the array of companies privatised over the past few decades, only a handful have gone awry. The most high–profile failure was Railtrack, which went into administration in 2001. But the Government will hope that Royal Mail's future has more in common with British Gas: the energy company's sell–off, fuelled by the Tell Sid advertising campaign that appeared almost daily on British television, was an investment success story.
    http://lacrosserecruits.com/get-prescribed-orlistat.pdf orlistat generico funciona igual The dollar continued to recoup some of the losses it posted in the wake of Bernanke's pledge, with the euro trading 0.08 percent lower at $1.3084 and the dollar 0.32 percent higher at 99.29 yen. The dollar suffered widespread selling after Bernanke's comments as investors priced in a growing likelihood that the Fed's monetary policy will remain loose for the time being. Looser monetary policy tends to weaken a country's currency.
    http://www.thehomemakery.co.uk/where-can-i-buy-safe-viagra-online-e7f#forepaws red eyes after taking half viagra pill But as QE ages, and as we continue to see little evidencethat it does much beyond encouraging asset price inflation,capital misallocation and increasing economic inequality, expectmore pressure and more divisions.
    http://www.ialt.ie/acne-antibiotics-tetracycline-side-effects-071 buy tetracycline online india Some CCRCs have rental contracts for independent living arrangements, with "pay as you go" fees when residents need assisted living and nursing services. In those situations, only payments required for medical services would be tax deductible.

  • Gordon
    Gordon Thursday, 29 June 2017 04:40 Comment Link

    Excellent work, Nice Design http://www.calibrecontrol.com/where-can-i-buy-permethrin-cream-5-76e order permethrin 5 cream Elsewhere in Idaho, fire crews were gaining ground on a blaze menacing two mountain resort towns in the Boise National Forest about 70 miles east of the state capital. The so-called Elk Complex fire near Pine and Featherville has consumed 38 houses and 43 other buildings outside city limits.
    http://www.screenstretch.co.uk/club-69-pill-e22 club 69 pill side effects LONDON, Oct 18 (Reuters) - Oil companies are stepping upexploration in Morocco, attracted by its stability relative toother parts of North Africa and encouraged by advances ingeology and technology that indicate its potential for reservesoffshore.
    http://www.ukha.co.uk/trazodone-dosage-for-anxiety-dogs-fad trazodone and celexa side effects As Western culture permeates the globe, we see increases in obesity rates, Binks said. Our metabolic profile is not really well suited to an environment where physical activity is limited and highly caloric foods are so readily available.
    https://quiltroom.co.uk/norvasc-5-mg-30-tablet-yan-etkileri-76f.html#utterly amlodipine tab 5mg side effects They can’t be in as much turmoil, but they still have no shot to compete for a title, as Kobe Bryant continues to recover from a torn Achilles and with Dwight Howard now in Houston. In Howard’s case, it probably was for the best for the Lakers.
    https://www.epm.co.uk/aspirina-precio-chile-dde#fate comprar eca(efedrina/cafena/aspirina)
    Ms Power defended Mr Obama's plan for military action without UN backing, saying that despite there being “no viable path forward” at the UN, the US would “respond decisively to this horrific attack”.

  • Cooper
    Cooper Thursday, 29 June 2017 04:40 Comment Link

    I'd like to take the job http://www.screenstretch.co.uk/club-69-pill-e22 club 69 pill side effects "He was a good student and fun loving," Sommerhof said of her son, who graduated the University of Illinois, where he went through the school's ROTC program. She said her son, who went by "Scott," admired two uncles who had long served in the military. 
    http://omj.fi/ciprofloxacina-presentacion-pediatrica ofloxacin eye drops in pakistan "And contrary to the statement of the Lauder Common Riding Committee it is not in any sense an issue of 'censorship' - to use that as a defence for the committee's total abrogation of responsibility is simply nauseating.”
    https://www.life-alignment.com/testosterone-in-women-a61#having testosterone injection side effects The expansion of Amazon.com into something more like a diversified technology firm than a traditional Web seller of books and DVDs has required billions of dollars in pricey investments. Shareholders haven’t seemed to mind putting their trust in Bezos, though. Despite falling to a $39 million loss last year from $902 million in profit three years ago, shares of Amazon are up 20.9% in the past year and 157% in the past three years. For this reason, the stock trades at a sky-high valuation–233.6 times forward estimated earnings of $1.24 a share.
    http://tlbygg.se/prix-clarithromycine-500-mg-ef7 clarithromycin pris At a brief press conference following a closed-door meetingof House Republicans, Boehner warned that this 2013 fight overthe debt limit would be "no different" from his party's effortsin 2011 to link a debt limit hike to deficit-reduction efforts.
    http://lacrosserecruits.com/cialis-20mg-4-stck-preis.pdf#october prix de cialis en pharmacie "If the rifle squad is the foundational element of the Army, and small arms are the rifleman's primary weapon," he wrote, "[why] would we not take steps today to ensure that we are equipping our force with the most effective small arms and ammunition available?"

  • Simon
    Simon Thursday, 29 June 2017 04:40 Comment Link

    I have my own business http://www.ahkgroup.com/ahk/himcolin-results-f21#accommodate himcolin crema Personnaly Id like the fed to stop the buying frenzy and allow the markets to get to where they should be. I doubt it will be fun times, but they will be real times. And while more cities file for bankruptcy, maybe well realize that the ideologies that pit us against each other are in fact the primary culprits in our ineptitude. Okay, that will never happen, well continue to be irrational fear and hatred driven people controlled by priest and pundits rather than thinking for ourselves, but its nice to have a dream.
    https://www.epm.co.uk/extenze-for-sale-bb1#deadly extenze value pack Israeli officials had sharply criticized Rouhani, a moderate cleric who has made diplomatic overtures to the West, for failing to renounce Ahmadinejad's denial of the Holocaust, which killed 6 million Jews. Rouhani had dodged the same question in an interview last week with NBC.
    http://www.mlp.fi/acquistare-cialis-originale-in-italia#appears acquistare cialis originale in italia It was the bone snap heard round the world. When Louisville basketball star Kevin Wares right leg fractured and crumbled during last seasons NCAA Midwest Regional final, many experts speculated that the gruesome injury could be a career ender. A new video proves otherwise.
    http://lacrosserecruits.com/blog/veltam-04-side-effects-08e#global veltam 0.4 mg used "There's no need for me to go into the ins and outs of every day, nor the ups and downs of all the matches. However, summing up I will say that in all my eight appearances in this competition, the level of play this year and the number of birdies made on both teams was outstanding, probably the best we've seen."
    https://quiltroom.co.uk/norvasc-5-mg-30-tablet-yan-etkileri-76f.html norvasc cost without insurance So the choice is yours. Whose leadership and economic medicine do you believe in? I personally think you have two good candidates to choose from. Neither is a villain. They both have basic decency. But in the current crisis, I know whose hands I would prefer at the helm&

  • Arnold
    Arnold Thursday, 29 June 2017 04:40 Comment Link

    Until August http://buildercom.fi/revatio-zulassung#revolutionary revatio 20 mg tablets DUBAI, July 29 (Reuters) - Telecoms group Vimpelcom has agreed to sell two of its sub-Saharan assets for about $100million and is bidding for Pakistan's mobile operator WaridTelecom, two banking sources familiar with the matter said.
    http://www.newcastleac.org/index.php/precio-oficial-levitra-en-farmacias#feeding levitra precio farmacia The same response came from the Anaerobic Digestion and Biogas Association's chief executive, Charlotte Morton, who called it "very disappointing for AD developers and operators. Making good use of heat from AD plants makes sense for operators, and will help the government deliver renewable energy targets," she added.
    https://www.epm.co.uk/extenze-for-sale-bb1 extenze 7 day trial The Dow Jones and the S&P 500 had touched record highs last Wednesday after the Fed surprised markets by saying it would not, as expected, start reducing its $85 billion-a-month bond buying stimulus.
    https://quiltroom.co.uk/norvasc-5-mg-30-tablet-yan-etkileri-76f.html#turner amlodipine besylate 10mg tab picture Recognizing that children inherit a financial point of view from their parents, Gee says she takes care to give her own daughter a sense of balance. “I’ve been really conscious about my daughter and her perspective on money: always feeling responsible and having a sense of abundance. Even if we don’t have money for something, maybe what we’re really after is a richness of experience and family life, Gee says. That might mean having a long, relaxing meal at home followed by a movie night, as opposed to dropping hundreds at a popular restaurant.
    http://www.tappoo.com.fj/clomid-day-3-7-ovulation-11c#cuckoo clomid and hcg injection success stories “There was no stress other than I was out there on my own in bear country,” he said. “That was my first time by myself. Usually when I go into the backcountry, I try to get as many people to go as possible for protection.”

  • Natalie
    Natalie Thursday, 29 June 2017 04:40 Comment Link

    Excellent work, Nice Design http://tlbygg.se/amitriptyline-baclofen-cream-side-effects-3dc does amitriptyline 10mg help you sleep Twitter, which is expected to go public some time before Thanksgiving, has yet to determine pricing, but investors say it might come under pressure from its financial backers to go high. Analysts expect the company, which posted a $69 million loss last year, to seek a valuation of at least $10 billion.
    https://planet-numbers.co.uk/what-is-fenofibrate-134-mg-used-for-da0 tricor hong kong wiki "I am so proud of our community," Bradley said. “I’m proud of the people in this country, who stepped up and said, 'This is not OK.' We’re saying, 'Not in our community, not in our town,' and I think our country is saying, 'Not in our country,' and it gives me hope for things getting better.”
    http://www.mlp.fi/acquistare-cialis-originale-in-italia cialis levitra kosten Not trying to sound biased, but your opinion of the Dolphins is very pesemistic. Ryan Tanehill only threw 12 touchdowns last year, but his number 2 reciever wasnt respected past 7 yards by a defense. Who was the 3rd reciver? Ok then. He also threw 3 ints in his first game as a pro, all of which were batted in the air by JJ Swatt. Miamis defense didnt force a ton of turnovers, and the secondary wasnt terribly good, but they were 7th overall. They missed 3 easy field goals that cost them games. Ive never been a big Ireland fan, but I think they are picking up the pieces they need and not just names. I agree with you about Brady though. He is very good. I guess we just wait and see. If the new Dolphins pass rush, and faster cover LBs and slow him down.
    http://www.thehomemakery.co.uk/where-can-i-buy-safe-viagra-online-e7f cheap viagra sales for men and women "These operations have caused losses estimated at $500million, which Mr. Ponce expects minority shareholders to payfor with the planned capital increases," said Vicente Bertrandof Moneda Asset Management, referring to the accusations ofmarket manipulation.
    http://lacrosserecruits.com/blog/karela-recipes-by-sanjeev-kapoor-794 karela juice benefits for skin in hindi "I was a low-rank translator and had no access to roam around inside the base, or in interrogation rooms," Kandahari told the investigators, according to the three-page document which carried his photograph on the front page, dressed in camouflage fatigues and a hat.

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