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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 July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.