The Period of Discovery in New Jersey Civil Litigation
- Peter Lamont, Esq.
- 46 minutes ago
- 4 min read
The Period of Discovery in New Jersey Civil Litigation
Discovery is the phase of litigation where each side exchanges information and evidence that will be used at trial. It is not a formality. It is the heart of civil litigation in New Jersey, and it often determines whether a case is settled, dismissed, or tried before a jury.
The discovery process begins once pleadings are filed and a track assignment is issued by the court. Depending on the type of case, discovery may last several months or over a year. During that time, each party has the right to demand answers to interrogatories, request the production of documents, serve requests for admission, and take depositions of witnesses and parties. Expert reports are also exchanged during this stage.
Discovery is primarily conducted between the parties without direct involvement from the judge. In most cases, the court does not step in unless a party files a motion to compel or to bar evidence. While certain complex cases may be actively case-managed by a judge, the majority of litigation in the Law Division proceeds without judicial oversight until disputes arise. This means that the responsibility for ensuring that discovery is complete and accurate falls squarely on the attorneys and their clients.
In my experience, discovery is often where cases are won or lost. A strong set of interrogatory responses, supported by documents, can narrow the issues and put the opposing party on the defensive. A poorly prepared deposition can have the opposite effect, weakening a party’s credibility and limiting settlement options. Attorneys and clients must approach every step of discovery with seriousness because each response, each document, and each answer given under oath becomes part of the record.
Discovery also carries practical consequences. A party that fails to comply can face sanctions, including dismissal of claims or defenses. Evidence not disclosed during discovery may be barred at trial. I have seen clients lose the ability to call a witness or introduce critical documents simply because they were not disclosed in a timely manner. These are avoidable mistakes that often change the outcome of the case.
The discovery phase is demanding, time-consuming, and often expensive. Yet it is essential. It is the mechanism by which facts are revealed, defenses are tested, and credibility is established. Parties who engage in discovery thoroughly and honestly are better positioned both for settlement and for trial.
For more information about your legal rights or to schedule a consultation, please contact the Law Offices of Peter J. Lamont at www.pjlesq.com, call 201-904-2211, or email info@pjlesq.com.
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About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
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