The first stage of discovery consists of answering written questions (called "interrogatories"), and the exchange of relevant documents. Each side submits a written request for all relevant documents, as well as for answers to these interrogatories. The rules of civil procedure require a response to these requests for information within a short period of time, typically 30 days, although this varies from state to state. If the responses are late or inadequate, the attorney who submitted the requests can file a motion with the court requesting that the court order the other side to provide the documents and adequate answers. Form 18 is a sample Motion to Compel Discovery. Form 19 is a sample of the order the judge would sign. All necessary forms are included in the complete book.

   The documents that are exchanged during this stage of the proceedings include the police report, ambulance report all medical records, witness statements, property damage appraisals, photographs of the cars, photographs of the scene of a slip and fall, diagrams of the accident scene, insurance policies, etc. The questions involve similar topics. Form 16 and Form 17 are sample sets of interrogatories. The defense attorney typically sends a similar set to the claimant’s attorney for his client to answer. Unfortunately, these written questions generally do not yield much useful information. Lawyers typically answer them in a vague manner which casts little light on the dispute.

   Attorneys tend to provide vague answers to avoid having these answers used against their clients later in the litigation. For example, an interrogatory may ask how fast the defendant was traveling when he first saw your car. The defendant may tell his attorney that he was going 35 m.p.h. at that time. The defense attorney may, however, choose to be less specific when answering this interrogatory. She may indicate in the answer that the defendant was traveling "within the speed limit at the time he first saw the plaintiff’s car." If, at the defendant’s deposition, the defendant testifies that he was going 25 m.p.h. at that time, an inconsistency has been avoided.

   Form 14 is a sample Request for Production of Documents. The exchange of documents is very useful since witness statements, photographs, diagrams of the accident scene, property damage appraisals, medical records, etc., all affect the settlement value of the case.

   Once this stage of discovery is completed, it is time to begin preparing for stage two of the discovery process: depositions. It is here where the lawyers get the clearest idea yet of the strengths and weaknesses of their case and of their opponent’s case.