Discovery phase in malpractice litigation begins after which event?

Discovery phase in malpractice litigation begins after which event?

• A. A complaint and answer are filed
• B. A verdict is reached
• C. A settlement is reached
• D. A motion is denied

Answer: (A)

In civil malpractice litigation, the discovery phase starts once the pleadings are in place—the plaintiff’s complaint has been filed and the defendant has submitted an answer. After those filings, both sides begin exchanging information to build their cases, using tools like interrogatories, requests for production, admissions, and depositions. This step is designed to uncover facts, documents, and witnesses relevant to the claims and defenses before moving toward trial or settlement. Events like a verdict, a settlement, or a denied motion don’t initiate discovery; they occur later in the process, with settlement potentially happening at any time and discovery typically preceding trial.

In civil malpractice litigation, the discovery phase starts once the pleadings are in place—the plaintiff’s complaint has been filed and the defendant has submitted an answer. After those filings, both sides begin exchanging information to build their cases, using tools like interrogatories, requests for production, admissions, and depositions. This step is designed to uncover facts, documents, and witnesses relevant to the claims and defenses before moving toward trial or settlement. Events like a verdict, a settlement, or a denied motion don’t initiate discovery; they occur later in the process, with settlement potentially happening at any time and discovery typically preceding trial.