Full question:
I want to hire an attorney to file a civil lawsuit and what I want to know is can the attorney get court-ordered depositions prior to filing the lawsuit to strengthen the case, or does the attorney have to file the lawsuit first and then get the court-ordered depositions?
- Category: Discovery
- Subcategory: Depositions
- Date:
- State: South Carolina
Answer:
In a lawsuit, "discovery" refers to the methods used by both parties to gather information to prepare for trial. Common discovery methods include requests for documents, requests for admission, and depositions. Generally, the right to conduct depositions arises after a lawsuit is filed. However, it is possible to request a court-ordered deposition before filing if there is a concern that important information may become unavailable. The party requesting the deposition must clearly explain the necessary details of the testimony they seek to preserve.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.