Written Discovery Requests (Video)

Most people know they’ll probably sit for a deposition if they file a lawsuit. Far fewer realize that the litigation process usually begins with a stack of written questions and document requests.

Lawyers call these requests written discovery.

If you’ve suffered injuries in a car accident, become involved in an employment dispute, or filed another civil lawsuit, expect the opposing attorney to send discovery requests early in the case.

Fortunately, written discovery is usually much less stressful than a deposition. Unlike a deposition, written discovery gives you time to think about your answers, gather information, locate documents, and consult with your attorney before responding.

What Is Written Discovery?

Written discovery allows each side to exchange information about the case.

Through discovery, attorneys investigate the facts, identify witnesses, obtain relevant documents, and evaluate the strengths and weaknesses of the claims involved.

Most written discovery falls into three categories:

• Interrogatories
• Requests for Production of Documents
• Requests for Admissions

Although these requests often arrive together, each serves a different purpose.

Interrogatories

Interrogatories consist of written questions that require written answers under oath.

Some questions are simple.

For example:

• State your full name and address.
• Identify your employers during the past five years.
• Describe how the accident occurred.

Other questions demand much more information.

A defense attorney may ask you to identify every medical provider you’ve seen during the last decade, every prior injury you’ve experienced, or every person who may possess information about your claim.

Too many people try to answer these questions on their own.

Defense lawyers intentionally draft interrogatories as broadly as possible. While you must answer honestly, you do not need to guess, speculate, or provide information that you don’t know.

Strong responses answer the question completely while avoiding unnecessary information. In other words, answer the question that was asked—not the question you think the lawyer intended to ask.

Requests for Production of Documents

Requests for Production require you to gather and provide documents relevant to the lawsuit.

Common requests include:

• Medical records
• Medical bills
• Photographs
• Tax returns
• Employment records
• Text messages
• Social media posts
• Vehicle repair estimates

Many clients panic when they receive these requests. Some assume they must locate every piece of paper they’ve accumulated throughout their lives.

You don’t.

Instead, work with your attorney to identify documents that actually relate to the case. Your lawyer can also determine whether certain requests go beyond what the law allows.

One rule deserves special attention: preserve evidence.

Do not: delete emails, erase text messages, throw away photographs, or destroy documents.

Even seemingly unimportant evidence can become significant later. Before deleting anything related to your claim, talk with your attorney.

Requests for Admissions

Requests for Admissions often create confusion because they look different from other discovery requests.

Rather than asking questions, they present statements and ask you to admit or deny them.

For example:

• Admit that the collision occurred on January 15, 2025.
• Admit that your vehicle was stopped at the time of impact.
• Admit that you received treatment from Dr. Smith.

When a statement is true, admit it.

When a statement is false, deny it.

Sometimes a statement contains both true and false information. In that situation, your attorney can help craft a response that accurately reflects the facts.

These requests help narrow the issues in dispute. By identifying facts that both sides agree on, the parties can focus their attention on the matters that actually require resolution.

Why Do Some Discovery Requests Feel Unfair?

Clients frequently express frustration when they read discovery requests for the first time.

The reason is simple: many requests are incredibly broad.

Someone pursuing a neck injury claim may receive questions about injuries that occurred years earlier. A defense lawyer might ask for extensive medical records or request information that appears completely unrelated to the accident.

Broad requests do not automatically make the requests proper.

Your attorney’s job includes evaluating whether a request is relevant, reasonable, and legally permissible. Lawyers routinely object to requests that seek irrelevant information or place an unreasonable burden on the responding party.

Never assume you must answer every request exactly as written. Review discovery carefully with your attorney before submitting any responses.

Practical Tips for Answering Discovery Requests

Take discovery seriously.

Courts treat your responses as sworn statements. Opposing counsel can use those responses throughout the case and may even confront you with them during your deposition.

Tell the truth.

Honest answers are always easier to defend than exaggerated or incomplete answers.

Avoid guessing.

If you don’t know something, say so. If you don’t remember, say that. Nobody expects perfect memory.

Read every response carefully before signing it.

Small mistakes can create unnecessary problems later. Taking an extra few minutes now may save hours of explanation later.

Maintain open communication with your attorney.

Whenever a request seems confusing, unfair, or impossible to answer, raise the issue. Chances are your lawyer has handled similar requests many times before.

The Goal of Written Discovery

Written discovery exists to gather information, not to trick people.

At the same time, opposing counsel will search for inconsistencies, omissions, and facts that support their client’s position. That’s part of the litigation process.

The best strategy remains simple.

Answer honestly.

Answer carefully.

Work closely with your attorney.

Above all, remember that written discovery gives you an advantage that a deposition does not. You have time. Use that time to review the requests, gather accurate information, and prepare thoughtful responses.

Handled correctly, written discovery becomes just another step toward resolving your case and moving your lawsuit forward. discovery requests or learn more about Beck Law Center, contact us today.