The Process of Pre-trial Discovery

Pre-trial Discovery pic
Pre-trial Discovery

As a practicing attorney in Dayton, Ohio, Kyle T. Kirts handles a variety of legal needs. He has more than 15 years of experience handling everything from traffic violations to felonies. Additionally, Kyle Kirts helps clients with the necessary oral preparation and written documentation for trials.

The process known as discovery involves gathering evidence and witnesses needed by the defense and the prosecution in a trial. Both sides have access to the same information to prevent the introduction of surprise testimony or witnesses. The deposition is one frequent element of discovery. Deposition statements are in the form of videotape, transcripts, or both. Both the prosecution and the defense have the right to be present for depositions. These statements are legal substitutes for witnesses who cannot appear in court.

Discovery can also occur through interrogations with written questions that witnesses must answer under oath. Opposing attorneys have the right to see the questions and prepare answers.

Subpoenas represent a third type of discovery. They compel attorneys to present documents for pre-trial inspection. Other methods include witnesses submitting to physical examinations and experts testifying to the validity of evidence.