Articles Tagged with discovery

Published on:

Prince-Georges-County-Circuit-CourtEvery case, whether a circuit court or district court, has a phase of discovery.  In the district court, this simply involves the exchange of written questions, known as interrogatories.  In the circuit court, this involves more interrogatories, plus some document requests, and likely depositions.

We’re going to cover what to expect in the discovery process for district court in this article.  In the district court, unless you are proceeding by way of small claims (case limited to $5,000.00 recovery), each side is permitted to ask the other side up to 15 written questions (interrogatories).  There is not specific required form, so we don’t always know what is going to be asked of us.  But, most lawyers tend to use the same interrogatories over and over again, so we can tell you the questions that GEICO lawyers usually ask, the questions that State Farm lawyers usually ask, and so on.  (For examples, click on these links: Allstate IROG (04-08-18), SF IROG (04-08-18))

Your lawyer will get these questions, and will usually do a first draft of the answers based on the intake with you, and a review of the file (including the police report, medical records, and other documents). Then, the lawyer will usually ask you to fill in the blanks.

Published on:

Txting Drvng Reaper.jpgWith so many accidents caused by distracted driving, it’s a fair bet that, in any given accident, the negligent driver was on a handheld phone or handling e-mail or text messages while driving. In many cases, that fact is not important: if the defendant admits liability, or if liability is clear (for example, the garden variety rear-end collision).

In other cases, though, proving that the defendant was distracted can go a long way toward showing that their version of events is likely wrong (if not an outright lie). Yesterday I deposed a representative of AT&T to find out everything I could about the phone usage of an automobile accident defendant at the time of the accident.

These types of depositions take a lot of legwork. When I get the transcript, I’ll post it on the website. If you have a case where you suspect illegal cell phone use at the time of an accident, here are some things to think about: