Handling evidence:
- Request for Production (RFPs): parties exchange documents, emails, photos, contracts and other evidence, including electronically stored information like texts, posts on social media or databases.
- Interrogatories: written questions requiring sworn answers about facts, witnesses or evidence.
- Subpoenas: court orders to third parties to produce records or testify.
- Inspection of Physical Evidence: parties may request to inspect property or other physical items relevant to the case.
- Preservation of Evidence: parties must preserve evidence once litigation is anticipated.
- Objections and Privileges: parties can object to requests for irrelevant, overly broad or privileged information
Handling Witnesses:
- Oral testimony under oath, recorded by a court.
- Expert Witnesses: parties must identify expert witnesses and provide detailed reports outlining their opinions, qualifications, and methodologies.
- Fact Witnesses: their testimony is limited to the facts they observed, not opinions.
- Preparation: attorneys often prepare witnesses before depositions or trial