When my small business clients end up in court, it is usually because of … bad contracts! I will say it once for the people in the back, contracts that you found on the internet, borrowed from a friend, or bought from Legal Zoom are inadequate. Period. Please come see me for some contract work before you run into problems!

But, back to litigation! It’s no surprise that lawsuits are the pits, and I’m going to talk about the most frustrating part of all today: Discovery!

Discovery is a general term for the exchange of information. This is a lawsuit, after all, and lawsuits require evidence, and evidence generally comes in the form of “all prior communications” and “all documents related in any way to…” and, while you’re at it.. “give us the name of any and all people who…”

Discovery arrives to your doorstep in these four main forms:
1. Request for Production of Documents. (self-explanatory). The opposing party is allowed to ask you to produce relevant documents, so things like emails, texts, minutes, taxes, bank records, etc. are usually fair game.
2. First Set of Interrogatories. (they are allowed 40 questions). Yep, there can be a second, and third set of interrogatories and with permission from the court (permission will very likely be granted) your opponent may ask more than 40 questions.
3. Request for Admissions. You got it; they want you to ADMIT things. The only response allowed here is “admit” or “deny.” There’s no “yes, but…” option. Haha. But don’t worry, usually most of the things are relatively non-controversial.
4. Request to Take Depositions Oh boy. This is where we all get together in a conference room with a court reporter and ask each other questions we can’t really object to because there is NO JUDGE to sustain or overrule.

All of this “discovering” is geared up towards filing a big motion called summary judgment and preparing the case for settlement or trial.

Ok, friends, I hope you don’t ever find yourself in a lawsuit, but if you do, get some legal help quick, and get some support for your mental health.

Call me! 614-572-6366. Email me! mwick@mwicklaw.com

Wick Law, LLC is a small business legal practice, representing owners, investors, and entrepreneurs in all aspects of commercial, corporate, and business law, estate planning, contracts and negotiations, business litigation, and real estate. For more information: Contact 614-572-6366, visit www.mwicklaw.com, or email us at mwick@mwicklaw.com. Wick Law, LLC is located in Columbus, Ohio.

(Materials in this article have been prepared by Wick Law, LLC for general informational purposes only. This list is for educational purposes and is not to be considered exhaustive. More items could be added to this checklist based upon the type of transaction or industry standards. These materials do not, and are not intended to, constitute legal advice. The information provided is not privileged and does not create an attorney-client relationship with Wick Law, LLC or any of the firm’s lawyers. This checklist is not an offer to represent you. You should not act, or refrain from acting, based upon any information in this checklist. Wick Law, LLC maintains offices in Columbus, Ohio, and has lawyers licensed to practice in Ohio and in the United States District Court, Southern District of Ohio. The firm does not intend to practice law in any jurisdiction where the firm is not licensed.)

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