Basics of Discovery in an Alaska Personal Injury Case
Numerous judicial opinions and statutes cover Alaska personal injury cases, but some of the most important factors are court procedural rules. The Alaska Rules of Civil Procedure cover all aspects of litigation, from filing the complaint and serving the defendant to motions and trial proceedings. Plus, the rules include multiple provisions on discovery, a concept that refers to the disclosures of information that parties to a lawsuit must exchange. The sharing of information helps organize the evidence and narrow the issues to be raised at trial.
If you were hurt in an accident, discovery plays a key part in proving your rights and monetary damages. There are different tools the parties will employ as part of the discovery process, but the information itself is either written or oral in nature. You can trust your Alaska personal injury lawyer to handle the details, but a summary of how discovery works is useful.
Types of Written Discovery
There are three forms of discovery that pertain to written paperwork, including electronic documents, tangible items, and other objects. Both plaintiffs and defendants can issue:
- Request for Production of Documents: You can instruct the opposing side to turn over documents, either by providing copies, giving access to information, or allowing you to inspect items. The defendant does not have to offer any privileged or confidential details.
- Requests for Admissions: With this type of written discovery, you pose questions to the defendant that require it to Admit or Deny.
- Written Interrogatories: These are also written questions, but the inquiries may be open-ended instead of just admitting or denying facts. This aspect of discovery might affect your rights if you reveal too much in answering interrogatories.
Depositions
Any party to litigation can request that another party sit for a deposition, so it is likely that you will be deposed as the victim of an accident. These proceedings are oral discovery, as you will be sitting down for a question-answer session with the attorney for the opposing side. Your lawyer will also be present, and a court reporter will record the session via audio and transcript.
Though your attorney will prepare you and guide you, there are some tips to keep in mind when sitting for a deposition.
- Only answer the question that was asked, and avoid volunteering information.
- Do not guess, hypothesize, or predict when providing answers.
- If you do not understand a question, ask that it be repeated and get clarification before responding.
- Know that your answers are given under oath. False statements can lead to serious consequences.
Count on Your Alaska Personal Injury Attorney for Discovery Details
It is helpful to know the basics of discovery in an accident case, but this overview does not go into detail on the pitfalls that arise. Motions and court hearings are often necessary, and our team at Power & Power Law is ready to fight for your rights. Please contact our Anchorage, AK offices at 907-222-9990 or via our website to set up a free consultation.