Collecting evidence (discovery)

General information

Evidence is used to prove your case. Discovery is the process of gathering information and evidence for your court case.

Civil Court Rules 26-37 for Superior Court and for District Court address how you collect evidence for court.

Some of the more common methods of gathering evidence include serving someone with a subpoena or a subpoena duces tecum to obtain their testimony or their records, taking depositions, and using interrogatories, requests for production, or requests for admission.

Some resources providing an overview of discovery are:

The National Council of Juvenile and Family Court Judges has 10 Steps for Presenting Evidence in Court, and Appendix A can help you identify possible evidence that you may want to gather as part of the discovery process for your case.

If you need to get a copy of a police report, the State Court has information about the procedures to follow to get the report.

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Chapter 5 pertains to discovery

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Subpoenas are an order from a court telling someone to come to a deposition or come to court to offer their testimony. They can include directions to bring documents with them, in which case they are called a subpoena duces tecum. Subpoena requirements are discussed in Superior Court Rule CR 45. Additional information:


Depositions are a method of having someone testify under oath so you can see what they have to say before they testify at trial. Opposing parties can be deposed which is helpful both to avoid surprises in court and to lock in their testimony as they risk being impeached with contradictory answers at the trial. Third parties can also be deposed, which includes people such as witnesses or experts. Oral deposition requirements are discussed in Superior Court Rule CR 30.

A Deposition Notice can be used to require someone to testify at a deposition. A subpoena may also be necessary. For additional information:

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Interrogatories and requests for production

Interrogatories and requests for production are often used together. Interrogatories are questions that ask the person responding to provide written answers. Requests for production are asking that the person produce the specified documents for you. These requirements are discussed in Superior Court Rules CR 33 and CR 34. Additional information and example documents:

Requests for admission

Requests for admission are a way to formally ask the other party to admit that certain facts are true. If the other party admits the fact, or fails to respond in time, those facts are deemed true for purposes of trial. This limits the number of things you need to prove at trial. Requests for admission requirements are discussed in Superior Court Rule CR 36.