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Business Litigation and the Discovery Process

Clark Law Firm PC July 13, 2023

Businessman with lawyer discussing legal caseWhen two or more parties or entities are involved in a business deal, a disagreement or dispute may occur, which could lead to a business lawsuit. The discovery process remains a crucial part of every business litigation that allows all parties involved in the litigation to obtain information, documents, and facts from the opposing party. Depending on the information obtained during discovery, you may have a clearer idea about the strengths and weaknesses of your case.  

John has the skill and resources to guide and represent clients in their business litigations. As a knowledgeable Alabama business litigation attorney, John can work to understand the facts of your case, inform you about what to expect during discovery, and represent you diligently at every phase of the legal process. The firm proudly serves clients in Birmingham and surrounding areas throughout Alabama and the Florida Panhandle. 

Discovery in Business Litigation

Discovery is a vital stage during every business litigation. It involves obtaining relevant facts, information, and documents about the business dispute from the other parties involved in the litigation. Some tools used to obtain the needed information during the discovery process include:  

  • Depositions  

  • Written Interrogatories  

  • Request to produce evidence  

  • Requests for inspection   

  • Provide answers to written questions

  • Requests for admissions  

  • Give testimony under oath

An experienced attorney can inform you about what can be asked – or cannot be asked – during discovery and guide you through the legal procedures involved. 

What Can Be Discovered?

Essentially, discovery can be used to obtain any information or documents relating to the business dispute or lawsuit, provided that such information isn't "privileged" or legally protected. Examples include:  

  • Business documents and evidence relating to the dispute, such as business contracts, financial records, video, email correspondence, and pictures.  

  • Any information or action seen, heard, or done by the witness in connection with the business dispute.  

  • The identity of any individual, party, or entity that knows something about the business dispute. 

  • Comprehensive information regarding business operations.  

  • The witness's personal, professional, and educational background.  

A trusted business litigation attorney can walk you through every legal phase of the discovery, help obtain the needed information, and enlighten you about how to object to a discovery request. 

Objecting to a Discovery Request

However, not every discovery request can be honored. You're within your rights to refuse a discovery request if:  

  • The discovery request is not relevant to the business dispute.  

  • The interrogatory will force a conclusion.  

  • The interrogatory is unnecessarily broad or vague.  

  • The information requested is available to the general public.  

  • The discovery request violates attorney-client privilege.  

Before objecting to a discovery request, it is important that you consider the effect of the objection. Also, you should adhere to the rules and guidelines addressing objecting to a discovery request. 

What Takes Place During the Discovery Process?

Here are some of the tools and steps that are applied during the discovery process: 


During the deposition, your attorney will conduct a one-on-one questioning of the witness or other party in the dispute. The other party or witness must answer the questions under oath. Also, the provided answers may be recorded and used during the trial. 

Request for Production of Evidence

Your attorney can request specific evidence, business, or financial documents from the other party. Alternatively, your attorney can ask to inspect any property or belongings owned or services provided by the other party. 

Interrogatories or Request for Answers to Written Questions

Your attorney may ask the other party to provide answers to written questions known as "interrogatories" under oath. Just like depositions, answers obtained during interrogatories may be used at trial. 

Requests for Admission

Also, your lawyer can ask the other party to admit to specific allegations, under oath, that are probably true. 

A knowledgeable commercial litigation attorney can assist with the discovery phase and help obtain all the information you need for your case. 

Extensive Legal Knowledge

When involved in business litigation, having the relevant information and documents can make a significant difference in your case. Clark Law Firm PC provides reliable advocacy and skilled representation to clients in business litigation and discovery. John can guide you through every phase of the discovery process, represent you intelligently during the trial, and improve your chances of a favorable outcome in your business lawsuit.  

Contact Clark Law Firm PC today to arrange a simple case evaluation with a seasoned business litigation lawyer. John can help you navigate every stage of the discovery process and explore the best way to resolve your business dispute. The firm proudly serves clients in Birmingham and surrounding areas throughout Alabama and the Florida Panhandle.