Discovery Process In Personal Injury Trials

• What is discovery in personal injury cases and why does it matter?
• What discovery tools are commonly used in personal injury cases?
• What is the federal discovery framework that applies to many injury lawsuits?
• How does discovery work in California personal injury cases?
• How does discovery work under Texas Discovery Control Plan Level 2?
• How does discovery work in Illinois personal injury cases?
• How do medical authorizations and HIPAA affect injury case discovery?
• How is e-discovery handled in accident and injury cases?
• What happens if someone refuses to cooperate with discovery, and what are motions to compel and sanctions?
• When are protective orders used in discovery?
• What is spoliation of evidence, and how do preservation duties work?
• What are typical discovery timelines and deadlines in CA, TX, and IL?
• What practical checklist can help you prepare for discovery in an injury case?
• How does GoSuits approach discovery in personal injury cases in California, Texas, and Illinois?
• Sources

What is discovery in personal injury cases and why does it matter?

Discovery is the structured exchange of information before trial. In a personal injury lawsuit, it is how you and the other side gather facts, documents, testimony, and opinions you need to prove or defend the case. Courts use discovery to avoid trial surprises, narrow the issues, and promote fair settlements.

Most civil cases end before trial. According to the U.S. Department of Justice, in the nation’s 75 largest counties, only about 3 percent of tort, contract, and real property cases were disposed of by trial in 2005, with the rest resolving through other means such as settlement or dismissal. The same study shows jury trials decreased substantially over time. See Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005. Discovery is central to those outcomes because it frames the strengths and weaknesses of each side’s position.

In injury cases, discovery commonly addresses accident details, medical diagnoses and causation, treatment and bills, lost wages, property damage, prior injuries, and liability defenses. Because serious injuries and complex defenses often involve medical and technical opinions, discovery planning and compliance are critical. You should have legal help to protect your rights, meet deadlines, and make proper objections. Courts can impose penalties for discovery failures.

What discovery tools are commonly used in personal injury cases?

What are interrogatories, and when are they used?

Interrogatories are written questions you send to the other side to be answered under oath. They help identify witnesses, insurance coverage, factual contentions, and basic damages information. Federal Rule of Civil Procedure 33 governs interrogatories in federal court, with numerical limits and response deadlines. See FRCP 33. States have their own versions and numerical caps.

What are requests for production, and what can you obtain?

Requests for production ask for documents, photos, videos, medical records, ESI like texts and emails, social media content, vehicle data, and other tangible things. In federal court, this is governed by FRCP 34. California, Texas, and Illinois have similar rules specifying the form of production, objections, and time to respond.

What are requests for admission, and how do they simplify trial?

Requests for admission ask the other side to admit or deny specific facts or the authenticity of documents. Unanswered or improperly denied admissions can have serious effects because a matter can be deemed admitted if not timely answered. See FRCP 36.

What are depositions, and who can be deposed?

Depositions are sworn testimony taken outside court, recorded by a court reporter and often video. Parties and nonparties can be deposed. In federal court, see FRCP 30 for oral depositions and FRCP 31 for written questions.

What are subpoenas, and when are they necessary?

Subpoenas compel nonparties to produce documents, appear for depositions, or both. In federal court, they are governed by FRCP 45. States have parallel rules for state-court cases and local practice requirements for service and witness fees.

What are expert disclosures, and why are they critical?

In cases involving medical causation or technical issues, parties must disclose opinion witnesses and provide written disclosures that identify opinions, bases, and supporting materials. In federal court, disclosures about retained and non-retained opinion witnesses are addressed in FRCP 26(a)(2). California, Texas, and Illinois have their own detailed provisions and timelines, covered below.

What are medical authorizations, and how do they interact with HIPAA?

Medical authorizations allow health providers to release records for litigation. The HIPAA Privacy Rule permits disclosures in response to court orders, subpoenas, or qualified protective orders, or with proper patient authorization. See HHS guidance on disclosures for legal proceedings and 45 CFR 164.512(e).

What is an independent medical examination, and who can request one?

When a physical or mental condition is in controversy, the defense may seek a court-ordered physical or mental examination. In federal court this is under FRCP 35. California, Texas, and Illinois have state-specific procedures and protections for these examinations.

What is the federal discovery framework that applies to many injury lawsuits?

• Scope and proportionality under FRCP 26(b)(1): discovery must be relevant to any party’s claim or defense and proportional to the needs of the case.
• Initial disclosures under FRCP 26(a)(1): basic information about witnesses, documents, damages, and insurance must be exchanged without awaiting discovery requests.
• Conferences and scheduling under FRCP 26(f) and 16(b): parties plan discovery and propose a schedule, and the court issues a case management order.
• Depositions, interrogatories, production, and admissions under FRCP 30, 33, 34, 36.
• Subpoenas for nonparties under FRCP 45.
• Physical and mental exams under FRCP 35.
• Protective orders under FRCP 26(c).
• Sanctions and motions to compel under FRCP 37, including ESI spoliation under FRCP 37(e).

How does proportionality affect personal injury discovery?

Courts balance the importance of the requested information, the amount in controversy, access to information, resources, and whether the burden or expense outweighs the likely benefit. In practical terms, this means requests should be focused, time-limited, and tied to contested issues like liability, causation, or damages.

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What are the federal limits for depositions and interrogatories?

Federal rules presumptively limit depositions to 10 per side and 7 hours per deposition, and limit interrogatories to 25 per party, unless the court orders more or the parties stipulate. See FRCP 30 and FRCP 33.

How does discovery work in California personal injury cases?

California discovery is primarily governed by the Civil Discovery Act, Cal. Code Civ. Proc. sections 2016.010 to 2036.050. Useful provisions include:

• Interrogatories: sections 2030.010 et seq.
• Requests for production: sections 2031.010 et seq.
• Requests for admission: sections 2033.010 et seq.
• Depositions: sections 2025.010 et seq.
• Physical and mental examinations: sections 2032.010 et seq.
• Disclosure of opinion witnesses: sections 2034.210 et seq.
• Sanctions: section 2023.030
• Subpoenas: section 1985
• Discovery cut-off: section 2024.020

How many interrogatories can be served in California personal injury discovery?

California allows Judicial Council form interrogatories without a numerical limit. Specially prepared interrogatories are limited to 35 unless accompanied by a declaration showing the need for additional questions. See CCP 2030.030.

What are the California rules on depositions and time limits?

California presumptively limits a deposition to one day of 7 hours of testimony, subject to exceptions. See CCP 2025.290. California also has notice and location rules that are specific, and protective orders are available to limit undue burden. See CCP 2025.420.

How do expert disclosures work in California injury cases?

California uses a demand-and-exchange system for the disclosure of retained and non-retained opinion witnesses. A party may demand an exchange, after which the exchange occurs 50 days before the initial trial date or 20 days after service of the demand, whichever is closer to trial. See CCP 2034.230 and 2034.260.

What are California timelines and cut-offs for discovery and motions?

Discovery proceedings generally must be completed 30 days before the initial trial date. Motions concerning discovery must be heard no later than 15 days before that date. See CCP 2024.020.

How does California handle ESI and production format?

The California Electronic Discovery Act integrates ESI into the production rules. Parties can specify the form of production, and courts can limit burdensome ESI. See CCP 2031.030, 2031.280, and protective orders under 2031.060.

How does discovery work under Texas Discovery Control Plan Level 2?

Most Texas personal injury lawsuits proceed under Discovery Control Plan Level 2, which sets default limits and deadlines. See Texas Rules of Civil Procedure Rule 190.3.

What are the key features of Level 2 discovery periods and limits?

• Discovery period: begins when the suit is filed and ends the earlier of 30 days before trial or 9 months after the earlier of the first oral deposition or the due date of the first response to written discovery. See TRCP 190.3(b)(1)(B).
• Interrogatories: limited to 25 unless modified by court order or agreement. See TRCP 190.3(b)(3) and 197.
• Depositions: time limits apply under Level 2 and TRCP 199.5. See TRCP 190.3(b)(2) and 199.5.
• Requests for production: governed by TRCP 196. ESI provisions include requests for electronic or magnetic data under TRCP 196.4.
• Requests for admission: governed by TRCP 198.
• Required initial disclosures: TRCP 194.2 requires prompt initial disclosures similar to federal practice.

How are opinion witness disclosures handled in Texas?

Disclosure obligations for retained and non-retained opinion witnesses are set by TRCP 195, which governs designation, disclosure of opinions, bases, and materials considered, and depositions of those witnesses.

How are protective orders and sanctions handled in Texas discovery?

• Protective orders: a party may seek protection from undue burden or invasion of privacy. See TRCP 192.6.
• Motions to compel and sanctions: courts can order compliance and impose sanctions for discovery abuse, including attorney’s fees and exclusion of evidence. See TRCP 215.

What is Texas law on spoliation of evidence?

The Texas Supreme Court describes spoliation as a circumstance to be addressed by the trial court through remedies and jury instructions, not as a separate tort in most contexts. The leading case sets standards for when sanctions or instructions are appropriate. See Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014).

What rules apply to subpoenas and independent medical exams in Texas?

• Subpoenas: TRCP 176 governs subpoenas to nonparties.
• Independent medical exam: TRCP 204.1 governs orders for physical or mental examination when a condition is in controversy and good cause exists.

How does discovery work in Illinois personal injury cases?

• General discovery: Rule 201
• Depositions: Rules 202, 203, 204
• Interrogatories: Rule 213
• Requests to produce: Rule 214
• Requests to admit: Rule 216
• Physical and mental exams: Rule 215
• Case management and deadlines: Rule 218
• Sanctions: Rule 219

What does Illinois Supreme Court Rule 213 require for interrogatories and opinion witnesses?

Rule 213 governs interrogatories and disclosures regarding opinion witnesses. It sets a numerical limit on written interrogatories and requires detailed disclosures of the subjects, conclusions, and bases of opinions for different categories of opinion witnesses. See Ill. S. Ct. R. 213, including Rule 213(f) for witness disclosures.

How are requests to produce and admissions handled in Illinois injury cases?

Requests to produce are governed by Rule 214, including ESI and production format. Requests to admit facts or the genuineness of documents are governed by Rule 216, with strict consequences for failure to respond.

What is distinctive about Illinois depositions?

Illinois recognizes discovery depositions and evidence depositions with different purposes and uses at trial. See Ill. S. Ct. R. 202, 206, and Rule 212 for use of depositions. Subpoenas are addressed in Rule 204(a)(3), and trial subpoenas in Rule 237.

How does Illinois address ESI in personal injury cases?

Illinois explicitly includes ESI within discoverable materials and authorizes courts to tailor production of electronic data with attention to burden and proportionality. See Ill. S. Ct. R. 201(b) and 201(c).

How are deadlines set in Illinois cases?

Case management orders under Rule 218 set customized schedules, including deadlines for written discovery, depositions, opinion witness disclosures, and dispositive motions. Courts aim to move cases efficiently while allowing reasonable time for investigation and preparation.

How do medical authorizations and HIPAA affect injury case discovery?

The HIPAA Privacy Rule permits health care providers to disclose protected health information in litigation with a valid authorization, a court order, or in response to subpoenas that meet specified assurances, including notice to the individual or a qualified protective order. See HHS guidance and 45 CFR 164.512(e).

What practical steps should you take on medical releases?

• Use tailored authorizations that match the dispute, date ranges, and providers at issue.
• Protect sensitive categories like mental health treatment and substance use records when not relevant, consistent with federal and state privacy laws.
• Confirm provider identity and delivery method for secure transmission.
• Consider protective orders for particularly sensitive information.

How is e-discovery handled in accident and injury cases?

What is ESI, and why does it matter in personal injury discovery?

ESI includes emails, texts, photographs, social media posts, wearable device data, vehicle event data recorders, GPS data, surveillance videos, and smartphone app logs. These can be central to proving how a crash occurred, the extent of injuries, or the course of treatment.

What are the federal and state rules for ESI production?

• Federal: FRCP 26, 34, and 37 address scope, form of production, and sanctions for ESI spoliation. See FRCP 34 and FRCP 37(e).
• California: CCP 2031.030 and 2031.280 address requesting and producing ESI and specifying formats.
• Texas: TRCP 196.4 specifically addresses electronic or magnetic data and reasonable efforts.
• Illinois: Rule 201(b) recognizes ESI and Rule 201(c) allows courts to limit discovery to prevent undue burden or expense.

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What are best practices for ESI in injury cases?

• Send preservation notices early to parties and nonparties with relevant ESI like dashcam or store surveillance.
• Agree on search terms, custodians, and formats during the Rule 26(f) or state equivalent conference.
• Use proportional requests that are time-bounded and tied to claims and defenses.
• Document collection methods and chain of custody for authenticity.

What happens if someone refuses to cooperate with discovery?

When a party does not respond, gives incomplete answers, or withholds discoverable information without a valid objection, the requesting party can file a motion to compel. The moving party must usually certify a good faith meet-and-confer effort first. In federal court, see FRCP 37(a). California, Texas, and Illinois have comparable requirements.

What sanctions can courts impose for discovery violations?

• Attorneys’ fees for bringing or opposing the motion without substantial justification.
• Issue or evidence sanctions, such as excluding testimony or deeming facts established.
• Contempt or terminating sanctions in severe cases, including dismissal or default judgment.

References: California CCP 2023.030, Texas TRCP 215, Illinois Rule 219, and FRCP 37.

When are protective orders used in discovery?

Protective orders limit discovery to protect against annoyance, embarrassment, oppression, or undue burden. They commonly address confidentiality of medical records, financial data, trade secrets, and sensitive ESI.

• Federal: FRCP 26(c)
• California: CCP 2031.060 and 2025.420
• Texas: TRCP 192.6
• Illinois: Rule 201(c)

When does the duty to preserve arise, and what happens if evidence is lost?

The duty to preserve arises when litigation is reasonably anticipated. This can be before a lawsuit is filed. Parties should suspend routine deletion for relevant materials and notify custodians. In federal court, the framework for ESI spoliation and remedies is in FRCP 37(e). Texas addresses spoliation through trial court remedies and instructions, not a stand-alone tort in most cases. See Brookshire Brothers, Ltd. v. Aldridge. Illinois and California courts also have authority to impose sanctions for destroyed or withheld evidence under their discovery and sanctions rules.

What preservation steps should be taken in accident cases?

• Send preservation letters to parties and nonparties for vehicle EDR data, surveillance footage, maintenance logs, body cam footage, and phone records.
• Implement a litigation hold to stop deletion of emails, texts, and cloud files.
• Document the hold, custodians, and collection process to establish diligence.

What are typical discovery timelines and deadlines in CA, TX, and IL?

• Rule 26(f) conference occurs early in the case to plan discovery and ESI.
• Initial disclosures under FRCP 26(a)(1) shortly after the conference.
• Scheduling order under FRCP 16(b) sets discovery cut-offs, motion deadlines, and trial date.
• Fact discovery period, followed by opinion witness disclosures and depositions.
• Pretrial motions and final pretrial disclosures.

What are the California discovery cut-off and motion deadlines?

Discovery must be completed 30 days before the initial trial date, and discovery motions must be heard at least 15 days before trial. See CCP 2024.020. California’s opinion witness disclosure exchange typically occurs 50 days before trial or 20 days after service of the demand. See CCP 2034.230.

What are the Texas Level 2 discovery periods and sequencing?

Under TRCP 190.3, the Level 2 discovery period begins when suit is filed and ends the earlier of 30 days before trial or 9 months after the earlier of the first oral deposition or the due date of the first response to written discovery. Initial disclosures are governed by TRCP 194.2. Opinion witness designations follow TRCP 195 and case-specific scheduling orders.

How are Illinois discovery timelines set?

Illinois uses case-specific schedules under Rule 218. The court sets deadlines for written discovery, depositions, opinion witness disclosures under Rule 213, and dispositive motions. Discovery may be staged, for example, with liability discovery first, then medical causation and damages.

What practical checklist can help you prepare for discovery in an injury case?

• Preserve evidence immediately with written holds for texts, emails, photos, vehicle data, and surveillance video.
• Gather core records including accident reports, medical records and bills, employment wage records, insurance policies, and photos or videos.
• Identify witnesses and confirm contact information.
• Calendar deadlines for interrogatories, production, admissions, depositions, and opinion witness disclosures under the controlling rules.
• Prepare discovery responses that are complete, accurate, and timely, with appropriate objections and privilege logging.
• Plan depositions with outlines, exhibits, and targeted topics.
• Address privacy and confidentiality with HIPAA-compliant authorizations and protective orders where needed.
• Use proportional ESI requests and agree on formats and search methods early.
• Meet and confer promptly to narrow disputes and avoid motion practice.

Throughout the process, having legal counsel is important. Discovery rules are technical, opportunities can be lost if deadlines are missed, and courts can impose sanctions for noncompliance.

How does GoSuits approach discovery in personal injury cases in California, Texas, and Illinois?

If you are facing a California, Texas, or Illinois personal injury lawsuit, we can help you make sense of the discovery process and protect your rights. GoSuits handles injury cases across these jurisdictions, and we invite you to speak with us in a free consultation about your situation and the road ahead.

• Where we practice: California, Texas, and Illinois state and federal courts for civil injury claims.
• Technology-driven approach: We use exclusive proprietary software to organize evidence, manage deadlines, accelerate record collection, and streamline e-discovery with accuracy.
• Dedicated attorney access: Although we leverage technology to move faster, every client has a designated trial lawyer. We do not route clients through case managers. You have direct, unfettered access to your attorney.
• Proven results: We have obtained meaningful outcomes for clients in courts across CA, TX, and IL. Past case summaries are available here: GoSuits Prior Cases. Results depend on facts and law in each case.
• Trial experience: Our team brings 30 years of combined experience to negotiations, discovery battles, hearings, and trial. Trial readiness strengthens your position in discovery and settlement.
• Full-service injury practice: We handle motor vehicle collisions, premises injuries, product-related injuries, wrongful death, and other civil injury matters. See our Practice Areas.
• Meet our attorneys: Learn about our backgrounds at Our Attorneys and more about our firm at About GoSuits.

Discovery is where injury cases are often won or resolved. Our combination of litigation skill and innovation helps you move through interrogatories, depositions, requests for production, requests for admission, expert disclosures, subpoenas, and motion practice with confidence and efficiency.

Sources

• Federal Rules of Civil Procedure 26 – scope, initial disclosures, protective orders, opinion witness disclosures
• FRCP 30 – depositions by oral examination
• FRCP 31 – depositions by written questions
• FRCP 33 – interrogatories to parties
• FRCP 34 – producing documents, ESI, and tangible things
• FRCP 35 – physical and mental examinations
• FRCP 36 – requests for admission
• FRCP 37 – motions to compel and sanctions, ESI spoliation
• FRCP 45 – subpoenas
• 45 CFR 164.512(e) – HIPAA disclosures for judicial and administrative proceedings
• HHS Guidance on Disclosures for Out-of-Court Legal Matters
• California Code of Civil Procedure, Civil Discovery Act
• CCP 2024.020 – discovery cut-off and motion deadlines
• CCP 2030.030 – interrogatory limits
• CCP 2025.290 – deposition time limit
• CCP 2034.230 – opinion witness exchange timing
• CCP 2023.030 – discovery sanctions
• Texas Rules of Civil Procedure – including TRCP 176, 190.3, 192.6, 194.2, 195, 196, 196.4, 197, 198, 199.5, 204.1, 215
• Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014) – spoliation framework
• Illinois Supreme Court Rules 201 to 224 – general discovery, depositions, production, admissions, exams, sanctions, case management
• Illinois Supreme Court Rule 213 – interrogatories and opinion witness disclosures
• BJS, Civil Bench and Jury Trials in State Courts, 2005 – civil trial statistics
• Texas State Law Library, Court Rules Guide – access to Texas discovery rules and practice