TIP SHEET: So you have to respond to Discovery questions … Now What?!?
Discovery questions can include Interrogatories (questions that require written answers), document requests and/or requests for admissions (statements that must either be admitted or denied). The questions require honest and timely responses. They can be overwhelming, stressful and time-consuming.
How to Respond to a Discovery Request in Virginia
Your brain will likely be triggered to think, “Ouch, why do I have to do this?” Your enemy is procrastination. Don’t delay in responding to these questions. Most clients immediately switch into panic mode, and become flustered, overwhelmed, and even feel angry. Experiencing intense emotions can have a crippling effect on your productivity. One of the hallmark features when given discovery documents is complete avoidance. It’s just too nerve racking to respond, so people tend to put off this task. The clock ticks away, though, and soon your lawyer’s paralegal will be calling to find out where your responses are. Do not fall into this trap. Rather, develop an action plan to get started.
Here’s a tip sheet to help you overcome this hurdle:
1) Your first task when you are issued the discovery requests is to read all of the questions to get an idea of what is being requested of you. This will help you to mentally prepare for the next stage, which is actually responding to the questions. You may feel compelled to start responding but instead focus on understanding what is being asked of you in the questions. Just read through the questions and then decide on a start date for responding.
2) Then, take a “divorce time” approach. Allocate a period of time that you can focus on one section of these questions at a time. It’s best to have “chunks” of time (maybe 2 hours out of the day) that are carved out only for this task. It will help to streamline your thoughts. If you don’t make as much headway as you thought you would make, continue to schedule “divorce time” as it is needed to complete the questions. Including your “divorce time” on a calendar will help you to pace yourself to get this task done.
3) There are some questions that you may know the answers to and there are some questions that you may not know the answers to. Don’t overthink it. What you know, you know. If you do not know the answer to a question (and you are unable to find it out), and/or if you do not understand a question, highlight those questions as you go. Then send them to your attorney (or the paralegal assigned to your case) by e-mail, and ask for help. In the alternative, ask for an appointment to come in and work with the attorney or the paralegal on the more difficult questions.
4) Some of the questions may result in you ruminating about the past. That’s normal and painful at the same time. Clients grieve while responding to these questions. Try to find some “me time” even if it’s 15-30 mins to just unwind after answering the questions. It could be as simple as lying in bed, going outside for a walk, listening to your favorite song, talking to a close family member/friend, etc.
5) Oftentimes, discovery questions evoke an emotional reaction, so it’s best to be in a place where you have complete privacy away from others and your kids. Attempting to complete discovery questions at work may not be ideal.
6) Remember “Yes-No Questions” are simply that – don’t overthink it. Your response should be just that “yes or no”. If further explanation is requested, then respond accordingly. You do not have to answer more than is necessary.
7) When responding to open ended questions, provide concise, truthful, and complete information (at least with as much documentation that you have). Truthful does not mean being dramatic, vindictive or deceptive in your responses.
8) Take a business-like approach to your responses. Leave out the emotional responses and state the facts as succinctly as you can.
9) Playing relaxing music as you work on these questions may help to decrease some of the anxiety, anger, or sadness that you experience as you complete this document. Sometimes clients prefer to work in complete silence, and that’s ok too.
10) Choose the time of day that works best for you. Do you want to work on them first thing in the morning to get them out of the way, or would you rather wait until the day’s obligations have subsided? Some clients decide to take a day off from work to focus on this task. You should also decide if working over the weekend, or on a weekday, would be better for you. Everyone goes at there own pace. While it take some clients a few days to complete their responses, others may need a few weeks.
Discovery Responses & How to Handle a Discovery Request in Northern Virginia
If you need help – ask. Your attorney and his/her paralegal are there to help you complete the discovery. Remember, getting started is the hardest part. With these strategies, you will be better equipped to tackle your discovery questions and help move your case forward towards resolution.