How Attorneys Use Discovery to Uncover the Truth in Civil and Criminal Cases

Behind every successful case, civil or criminal, is a carefully executed discovery process. Discovery is the phase of litigation where attorneys exchange and investigate information, turning allegations into evidence. It’s where the truth often comes to light, long before a jury ever hears a word in court.

At the Law Office of Erin Bradley McAleer, we view discovery as the cornerstone of effective advocacy. Whether defending a client’s freedom or protecting their rights in a civil dispute, our attorneys use discovery tools strategically to uncover facts, expose weaknesses, and build compelling legal arguments.

What Is Discovery?

Discovery is the formal process by which parties obtain evidence from each other or from third parties before trial. Governed by Washington Civil Rules (CR 26–37) and corresponding criminal discovery procedures, it ensures that both sides have access to the information necessary to prepare their cases.

Discovery isn’t just paperwork, it’s a methodical investigation that reveals documents, statements, and expert opinions critical to the outcome of a case.

Key Discovery Tools Attorneys Use

Interrogatories

Written questions submitted to the opposing party that must be answered under oath. Interrogatories clarify timelines, relationships, and disputed facts—providing insight into what the other side will argue at trial.

Requests for Production

Formal requests for documents, photos, recordings, text messages, and electronic data. In the digital age, this often includes emails, social media content, and metadata under Washington’s eDiscovery framework.

Depositions

Oral examinations conducted under oath, usually before a court reporter. Depositions reveal how witnesses may perform at trial and allow attorneys to test credibility, pin down testimony, and evaluate demeanor.

Subpoenas

Court-authorized commands compelling third parties, such as businesses, hospitals, or law enforcement agencies to produce evidence or appear for testimony. Subpoenas are vital when key information is held by nonparties.

Expert Disclosures

When specialized knowledge is required, attorneys identify and exchange information about expert witnesses. This includes each expert’s qualifications, opinions, and the data supporting those opinions. Proper expert disclosure can make or break complex cases involving accident reconstruction, digital forensics, or financial analysis.

Discovery in Civil vs Criminal Cases

While the goal of discovery is the same—to find the truth—the scope and rules differ.

  • Civil discovery (governed by CR 26–37) is broad. Parties may request any nonprivileged information “relevant to the subject matter involved in the action.”
  • Criminal discovery, governed by CrR 4.7 in Washington, is narrower but no less vital. Prosecutors must disclose evidence that is material to guilt, innocence, or sentencing, including exculpatory evidence under Brady v. Maryland.

In both systems, a skilled attorney knows how to request the right information and, just as importantly, how to challenge improper or overbroad demands from the opposing side.

Why Thorough Discovery Matters

Discovery levels the playing field. It prevents “trial by surprise” and ensures that outcomes are based on truth, not tactics. Effective discovery can:

  • Expose false claims or hidden motives,
  • Reveal inconsistencies in witness testimony,
  • Uncover critical evidence that supports a defense or damages claim, and
  • Encourage early settlement by clarifying the strength of each side’s case.

When done right, discovery becomes both a shield and a sword, protecting clients from unfair tactics while empowering their case through evidence.

The Attorney’s Role: Strategy and Precision

Strong discovery work requires more than form-filling. It demands strategic foresight, legal precision, and attention to detail. Attorneys must:

  • Identify key factual issues early,
  • Preserve and request electronically stored information,
  • Anticipate privilege disputes and confidentiality concerns, and
  • Ensure compliance with court rules and ethical duties of candor.

At our firm, discovery is not just a phase of litigation—it’s an active, ongoing process that shapes case strategy from the very beginning.

Discovery is where legal theories meet hard facts. It’s how the truth emerges, piece by piece, until the entire story is revealed. Whether through documents, sworn testimony, or digital evidence, the discovery process ensures that justice is built on evidence—not speculation.

At the Law Office of Erin Bradley McAleer, our attorneys bring tenacity and insight to every stage of discovery, from initial investigation through trial preparation. We work tirelessly to ensure our clients’ cases are grounded in facts, supported by evidence, and positioned for success.