1.9 Discovery

The Discovery Phase

Once the complaint and answer have been filed, the case moves to the discovery phase. Discovery is the process whereby each side is required to surrender information they have about the subject matter of the case. Discovery information may include written questions called interrogatories, depositions (oral statements taken under oath), documents, exhibits, physical examinations, and so on. A trial court may order a party to provide information it does not wish to reveal by way of a subpoena—a court order directed at a person to appear in trial or produce a document or other piece of evidence. Discovery is limited to information related to the controversy and prevents the disclosure of trade secrets, unless those secrets are central to the issue at trial.

Rationale of Discovery

The rationale behind the discovery phase is threefold. First, it eliminates surprise. Second, it attenuates any advantage one party may have over another by way of financial resources or lawyer expertise and focuses the case on the facts. Third, it promotes settlement. The rationale for discovery rules is that with the majority of relevant facts available to all parties, including the judge, the merits of the complaint will be readily ascertainable, resulting in compromise and settlement in most cases. After discovery, most states require the parties to meet in a pretrial settlement conference or pretrial hearing, to determine if a compromise may be reached before the case goes to trial.

Motion for Judgment on the Pleadings

Almost all state and federal courts allow that if no settlement is reached, one or both parties can make a motion for judgment on the pleadings, whereby the judge is asked, based on the pleadings alone, to decide the case. The idea is that from the pleadings, a judge can determine that no legitimate claim exists. For example, Lisa alleges that John breached a contract and owes her damages. Their state’s statute of limitations requires that a lawsuit be brought within two years from the date that a contract was breached, and the pleadings show that Lisa’s complaint was filed after the two-year period expired. John may make a motion to have Lisa’s lawsuit dismissed based on the facts presented in the pleadings.

Motion for Summary Judgment

A party might also make a motion for summary judgment. In that case, a party contends that, based upon the pleadings and other facts revealed in the discovery process, there is no factual controversy and the judge can decide the case in its favor without a full trial. Like discovery, the option to use these motions promotes timely resolution of cases. One case example involving the issue of summary judgment is Murphy v. McDonald’s Restaurants of Ohio (2010), in which Elijah Murphy parked his car and chose to cross a snow-covered median rather than walk around it to get to the restaurant. The median was covered with snow that had been plowed from the drive-through lane and the parking area. He slipped on the ice, fell, and dislocated his ankle. Murphy sued McDonald’s to recover damages for negligence, alleging that the restaurant did not provide a safe walking path. McDonald’s moved for summary judgment. The court found that no factual issue existed and granted summary judgment to McDonald’s.