NH’s discovery process is an evolving, costly, and often unavoidable reality

Discovery is the foundation of any litigation. It’s the process of unearthing facts and developing evidence to be presented to a fact finder, whether that be a judge or a jury, to aid in a final determination on an action’s merits. However, it’s also often a time-consuming and expensive process—one in which you or your business may become a reluctant participant as either a defendant or a subpoenaed third party. This article addresses some practical considerations for New Hampshire employers that find themselves subject to the discovery process.

Methods of discovery

Discovery may be conducted in many ways. Written discovery regularly entails providing composed responses to written requests. In contrast, paper discovery involves production of responsive documents or electronically stored information, either by providing physical copies or electronic copies or by otherwise making documents available for inspection. Finally, oral discovery is typically pursued through depositions, during which a witness responds to a series of questions under oath.

Each method of discovery provides strategic advantages and disadvantages to the party pursuing discovery while imposing varying burdens on the party subject to it. Should any of these mechanisms of discovery be directed toward you or your business, discovery counsel may be able to alleviate the burden.

Bases to avoid burdensome discovery