Pre-Trial Discovery In an Oregon Personal Injury Case

Pretrial Discovery Affects Your Entire Oregon Personal Injury Case

If you are ever involved in a lawsuit, or maybe just keep up with the news, you will probably hear the term “discovery.” Discovery was one of the issues in a Supreme Court decision November 2, 2009, along with the public’s right to know and the First Amendment rights of churches. And although you will probably never have to battle media rights or church-and-state issues in a courtroom, if you are ever injured in an accident that goes to litigation, there’s a good chance you’ll be hearing a lot about discovery.

The legal version of discovery is actually kind of close to the everyday meaning of the word. Think of it like this: When an attorney “discovers” evidence in a case, he or she shares it with the opposing party. It’s actually really quite simple and fair – but nothing that makes for exciting movies. The discovery process is put in place to prevent just such scenes that come out of Hollywood. There are no surprise witnesses, hidden evidence, deceptive tactics. The whole point of discovery is to give both parties ample time and resources to give their clients the best representation possible.

The Supreme Court’s ruling ended a lengthy court battle between Catholic Church authorities and a group of newspapers. According to The New York Times, the high court refused to hear an appeal from the Diocese of Bridgeport, Connecticut, asking to halt the release of legal documents to the press.

The documents, including motions, affidavits, and depositions, had been under seal since the diocese settled 23 sexual abuse lawsuits against six priests in 2001. While some records will remain sealed, more than 12,000 pages of material can now be released to The New York Times, The Boston Globe, The Washington Post, and the Hartford Courant. The order, in Bridgeport Diocese v. New York Times, 09-246, was issued without comment.

The Supreme Court’s action means that a Connecticut Supreme Court ruling will stand. In Rosado v. Bridgeport Diocese (SC 17807), the court ruled in favor of disclosing the majority of the documents, based on issues that included public access, First Amendment protections, and whether certain documents were discoverable.

So what does this decision mean for you? Well, on the national level, it basically just reinforces rights to free speech. It also brings up the topic of discovery. Discovery helps both parties to be better prepared, which in turn helps the court arrive at the truth. In addition, pretrial discovery can reveal whether there is a basis for a suit, which can result in a summary judgment or voluntary dismissal and save the time and expense of a trial. Another reason for discovery is to identify undisputed facts, so that the trial focuses only on issues that are in conflict. This can mean shorter, less expensive trials.

Discovery can help your attorney gather information that strengthens your case, and it allows for preservation of evidence. It also helps ensure that testimony given at trial is accurate, by “locking in” your opponent’s statements.

But here in Oregon, discovery plays out just a little bit differently than on the federal level. Discovery can take several forms. In Oregon state courts, discovery is governed by the Oregon Rules of Civil Procedure, and can include:

• Depositions (sworn oral testimony taken before trial)
• Production (making documents or items available for copying, including electronic information)
• Medical examinations
• Requests for admission (asking the other party to agree to certain facts in writing)

Privileged information is protected from discovery, including private conversations between a client and his or her attorney, the attorney’s work product, and trial preparation materials. Discovery is also limited to matters relevant to the case. Lawyers are ethically bound to conduct discovery honestly and diligently, while protecting attorney-client confidentiality at all times.

If you are in a lawsuit and discovery comes up, remember that the entire discovery process is aimed at making sure you get a fair trial. It prevents a “trial by ambush.” Your lawyer will help prepare you for depositions and guide you through the process. And if you have any questions at all, be sure to ask your attorney, who should help you every step of the way.

It can be hard going through litigation, but understanding the process can make things easier, which is why our website includes information to help you learn as much as possible. If you don’t have a lawyer and have additional questions about a lawsuit, you can contact us for a free consultation.

So while court may not be as thrilling as it seems to be on TV, with the right lawyer, the results you get can be.