What Happens After Discovery in a Lawsuit?
Recent Blog Posts
What Happens After Discovery in a Lawsuit?
After discovery ends, a lawsuit moves into motions, settlement negotiations, and final trial preparation, where it may be resolved through settlement or proceed to trial.
Key Takeaways
- After discovery ends, lawyers may bring in experts, schedule medical exams, and file motions that can narrow the issues or even end the case before trial.
- Once both sides have shared evidence and given sworn testimony, they can better judge the strengths and weaknesses of the case, which often leads to serious settlement talks.
- If the case does not settle, it moves to a pretrial conference and then trial, where a judge or jury reviews the evidence and decides the outcome.
If you feel like your lawsuit has been stuck in "information gathering mode" forever, you aren't alone. Discovery is often the longest part of a legal battle, and crossing that finish line is a major relief. However, many people are surprised to find that the end of discovery doesn't mean the case is over.
Understanding what happens after discovery in a lawsuit helps you know what to expect as the case moves into motions, settlement discussions, and possible trial preparation.
What Is Discovery in a Lawsuit?
Discovery is the part of a lawsuit where both sides gather and exchange information about the case. It’s how each side learns what the other side is claiming, what evidence they have to support it, and what witnesses they may rely on later.
Discovery can include:
- Written questions (interrogatories) that the other side must answer in writing.
- Requests for documents such as medical records, employment records, photos, emails, or reports.
- Depositions, which are sworn question-and-answer sessions taken before trial.
- Requests for admissions, which ask the other side to confirm or deny specific facts.
In a personal injury case, the discovery process often focuses on things like medical treatment, how the incident happened, wage loss, and what caused the injuries. In other types of civil cases, discovery might focus more on contracts, business records, communications, timelines, and who knew what and when.
What Happens After Discovery?
Once discovery closes, the case usually shifts into trial preparation, where deadlines tighten, and the focus turns to motions, settlement discussions, and final trial planning.
1. Independent Medical Examination
In personal injury cases, the defense may request what’s commonly called an independent medical examination, or IME. This allows a physician to evaluate the injured person if their physical condition is in dispute.
For example, if someone claims a back injury after a car accident and seeks compensation for ongoing pain and limited mobility, the defense may request an IME to determine whether the injury is as severe as claimed. The doctor conducting the exam might review medical records, perform physical tests, and evaluate whether the symptoms match the reported accident. If the physician concludes the injury is minor or unrelated to the crash, that opinion could affect settlement negotiations or be presented at trial.
2. Expert Disclosures
If the case involves technical issues — such as medical injuries, financial damages, or accident reconstruction — one or both parties may rely on expert witnesses. After discovery, formal expert disclosures are often finalized. This means each side must identify who their experts are and explain what opinions those experts will offer.
Disclosure rules are strict in most states. If a party fails to properly disclose an expert or important evidence, a judge may limit whether that information can be used at trial. For example, Arizona’s civil rules include detailed disclosure requirements and potential consequences for missing deadlines. Other states have similar rules designed to prevent surprise evidence.
3. Motions
After discovery, attorneys often file motions. A motion is simply a written request asking the judge to make a ruling.
One common example is a motion for summary judgment. This motion asks the judge to decide part or all of the case without a trial if there’s no genuine dispute about key facts. If the judge grants it, the ruling can narrow the issues significantly, or even end the case entirely.
Another common filing is a motion to dismiss (sometimes renewed after discovery in certain situations). This motion argues that the case, or part of it, shouldn’t move forward for legal reasons. While many motions to dismiss are filed early in a case, they can still appear later if new legal issues arise.
Attorneys also frequently file motions in limine, which ask the court to decide before trial whether specific evidence can be shown to the jury. For example, one party might ask the judge to exclude certain statements, prior incidents, or categories of documents. These motions help define what the jury will (and won’t) hear once the trial begins.
4. Settlement Negotiations
Many cases settle after discovery. By the time discovery ends, both parties have exchanged documents, answered written questions under oath, and taken depositions.
When the evidence is documented and sworn, it becomes easier to realistically assess the strengths and weaknesses of the case, which often leads to more serious settlement discussions.
Courts in many states may also schedule formal settlement conferences before trial. During these conferences, a judge or neutral facilitator works with both parties to explore resolution options. While not every case settles, this stage is often where meaningful negotiations happen.
5. Pre-Trial Conference
If the case doesn’t resolve, the court usually holds a pretrial conference (sometimes called a “trial management conference”). This meeting ensures the case is fully ready for trial.
At this stage, the parties typically submit final witness lists, exhibit lists, and statements outlining the issues that remain in dispute. The judge addresses scheduling, evidentiary concerns, and procedural details. In many ways, this conference locks in what the trial will look like.
6. Trial
If the case doesn’t settle, it goes to trial. At trial, the parties use the information they gathered during discovery. They introduce documents they exchanged, call witnesses who gave depositions, and present testimony from the experts they disclosed.
The judge controls what the jury can and can’t hear. Not every document or statement from discovery makes it into the courtroom. The judge applies the rules of evidence and decides what’s allowed.
Most civil trials follow a clear structure:
- Opening Statements: Each side outlines what they believe the evidence will show.
- Plaintiff’s Case: The plaintiff presents witnesses and evidence. The defense cross-examines.
- Defense’s Case: The defense presents its witnesses and evidence.
- Closing Arguments: Each side summarizes why the evidence supports their position.
The judge or jury will decide who wins the case after reviewing all the evidence and hearing the arguments. Once that decision is announced, the court turns it into a formal judgment, which makes the outcome official and enforceable. In some cases, the losing party may have the right to file an appeal.
Sargon Law Group Is Prepared for What Happens After Discovery
What happens after discovery can affect the outcome of your case. Having experienced accident attorneys on your side can help you stay prepared and protect your interests.
At Sargon Law Group, we represent injured clients across Arizona. Our firm handles cases involving car accidents, serious injuries, and wrongful death claims, and we have secured strong results even when fault was disputed. When you hire us, you work directly with your attorney and receive regular communication throughout your case.
If you have questions about your lawsuit or need guidance on what comes next, contact the
personal injury attorneys at Sargon Law Group for a free consultation.