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Understanding the Discovery Process in the Tri City Area

Robert Stahle • May 6, 2021
A woman is sitting at a table using a laptop computer.

In legal parlance, the discovery process is when both parties gather information for an upcoming trial. In other words, discovery is the formal process of exchanging information between the parties about witnesses and evidence that they’ll present at the trial. Discovery is only one of the many phases that occur during a trial, and here at Fitch & Stahle Law Office, our drug lawyers and criminal defense lawyers have the experience to handle all of them while fighting for your rights.

What Happens During Discovery?

The purpose of the discovery process is for both parties to know before the trial begins what evidence may be presented by the criminal defense attorneys and the prosecution. This is mainly designed to prevent what is known as “trial by ambush,” where one side does not learn of the other side’s evidence or witnesses until trial, which creates an unfair atmosphere, as there is no time to obtain answering evidence.

Depositions

If you follow court cases, you probably have heard the word deposition. A deposition is an out-of-court statement given under oath by any person involved in the case. This statement can be used at a trial or in preparation for the trial, and it may be in the form of a written transcript, a videotape, or both. In both Iowa and Nebraska, either of the two parties may take the deposition of the other party or any witnesses in the case. In the interest of fairness and balance, both sides have the right to be present during the deposition.

What Can be Discovered

The basic rule of the discovery process is that a party may obtain any information that pertains, even if it is very slightly, to any issue in the lawsuit, as long as the information is not privileged or otherwise legally protected. These are some examples of things lawyers ask for during the discovery process.


  • Anything a witness heard, saw or did in connection to the legal dispute
  • The identity of anybody who might know something about the dispute or about the injuries or money losses either party suffered
  • Documents relating to the dispute
  • Detailed information on how a business is run
  • Anything anyone said at a particular time and place. For instance, after a car accident that turned into a lawsuit.

Limits to Discovery

While nearly everything is open to the discovery process, there are still some limits. Lawyers sometimes try to pry into matters that do not have any significance for the lawsuit, or that are private and confidential. There are legal limits to this kind of probing. Here are some topics which cannot be used in discovery.


  • Confidential conversations
  • Private matters
  • Privacy rights of third parties
  • Keeping discovery information from the public

Sioux City Criminal Defense Attorney

With a strong reputation for successfully handling and resolving criminal defense cases , our attorneys know the ins and outs of fighting for your rights. The discovery process is well-trod territory for us, and we will gather the right information to help you in your case.

Contact us at (402) 494-3012 for more information about how we can help.

By Robert Stahle September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.