Discovery

Generally, the rules of civil procedure mandate broad disclosure during the discovery process to reduce surprise and allow the parties to evaluate the claim and make informed decisions. Within 35 days after the pleadings period, each party must prepare a list of documents that lists all documents that are, or have been, in the party's possession or control, and that could, if available, be used by any party of record at trial to prove or disprove a material fact and all other documents to which the party intends to refer at trial. The list of documents must be served on all parties of record within the 35 days after the pleadings have closed.

In addition to documentary discovery, each party in an action must make himself or herself available for examinations for discovery by the other parties who are adverse in interest to the party subject to examinations. If the party is represented, at least 7 days notice is necessary. It should be noted that, generally speaking, these discoveries cannot exceed 7 hours.