The ability to collect information before filing a lawsuit can be an invaluable investigation tool. However, the common wisdom has been for centuries that discovery prior to filing suit was nearly impossible, improper, and unseemly. Pre-suit discovery allows a party to obtain adequate information to properly investigate a potential case or to preserve evidence and secure witness testimony quickly. In fact, most pre-suit fact-gathering can be performed without court intervention, and pre-suit discovery is one of business litigations most under-used tools. This paper examines pre-suit discovery under Texas, New York and New Jersey law.
pre-suit discovery, business litigation, investigation techniques