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The discovery process in commercial litigation

Businesses in Florida that end up in a situation which calls for commercial litigation probably expect the process to be a bit of a slog. Usually, a commercial lawsuit is the last-choice option for businesses with strained relations, as such a scenario can drive up the costs for both companies in an attempt to reach a resolution to a conflict between the companies. But, the reality is that sometimes commercial litigation is the only option when the conflict is serious enough.

Throughout the course of the lawsuit, whatever the basis of the litigation is, both parties will be able to conduct what is called discovery on the other party. Essentially, this is a process by which each party is entitled to request specific information from the other party, and the responses can be parsed carefully for information which could help prosecute the lawsuit. Some responses are even signed under oath, testifying to their truthfulness and veracity.

One of the most common forms of discovery is called Requests for Admissions. These requests, which are statements which typically begin as "Admit that . . .," are either admitted or denied, and, if denied, generally there will be a brief explanation for the denial. Other common discovery requests are called Interrogatories. These discovery requests demand that the other party provide specific information for specific questions, such as, for instance, the amount of damages the other party is seeking, the other party's theory of fault and many more, depending on the conflict at issue.

Lastly, the third most common form of written discovery is a Request for Production of Documents. This request, just as it sounds, requests specific documents - or at least access to documents - which may be responsive to one party's discovery questions.

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