In the bad old days, trials were even more like war than they are now. Modern discovery rules have put an end to the sneak attacks that characterized litigation until recently. These days, each side is required to respond to the other side’s requests for information concerning the case. If it fails to do so voluntarily, the court, upon the motion of the requesting party, will order the recalcitrant party to provide discovery. If the attorneys do their jobs properly, 90% of what happens at the trial can be anticipated and planned. During the course of human conflict there will always be the element of surprise, and thus, the 10% element of unpredictability in the trial of a personal injury case.

   The discovery process involves three stages:

1. interrogatories and exchange of documents,
2. depositions,
3. the "independent" medical examination.