Before being scheduled for trial, most Buffalo personal injury lawsuits go through a phase in which the parties exchange information and the likely witnesses, including the parties, are examined by the opposing lawyers. This information gathering phase is generally referred to as the disclosure portion of the case. New York law has set up this portion of the lawsuit so that it can proceed with very little involvement by the court.
When the parties do not agree on the information that must be exchanged, however, it may be necessary for the court to become involved. When a party is not provided with information or documentation that it believes is relevant to the lawsuit, that party may make a motion to compel that will be argued before the judge presiding over the case.
When such a motion is made, the side that has refused to turn over information will be required to explain why the information sought should not be provided. While a party is not required to turn over information or documentation that is clearly irrelevant to the proceeding, New York State law generally encourages the open exchange of information. After hearing both sides position on the information, the judge will determine if the requested information must be provided.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444. We would be happy to help.
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