In this post I am going to talk about the discovery process in Iowa work injury cases. Discovery is just the legal term for the process of investigating the case and asking the other side questions in a formal process. Both the injured worker and the defendants get to conduct discovery.
Under the discovery rules neither side gets to keep very many things secret. One policy idea behind not allowing secrets is that if each side has a clear and complete view of the case they can probably work out a fair settlement. A second policy idea behind the discovery process is to have the cases tried and decided on the merits, and avoid what used to be called “trial by ambush.”
Today I am going to start by talking about the usual discovery that the defendants conduct. In a later post I will talk about the discovery I conduct on behalf of injured workers.