Discovery

Definition

Discovery is a process in which parties to a lawsuit are made to divulge information.

Purpose

The purpose of discovery is to enable each party in a lawsuit to obtain evidence from the other parties. This process ensures that all relevant facts and documents are disclosed before trial, promoting fairness and allowing for thorough preparation of cases.

Examples of Use

1. Interrogatories: Written questions sent by one party to another, requiring written responses under oath.
2. Depositions: Oral questioning of a party or witness under oath, recorded for later use in court.
3. Document Requests: Requests for the production of documents, electronic records, and other tangible evidence relevant to the case.

Related Terms

• Subpoena: A legal document ordering someone to attend court or produce documents.
• Interrogatory: A set of written questions requiring written answers under oath.
• Deposition: Testimony taken under oath outside of court, recorded for use in litigation.

Notes

• Discovery procedures are governed by rules of civil procedure, which vary by jurisdiction.
• Failure to comply with discovery requests can result in penalties, including fines and dismissal of claims.
• Discovery helps to prevent surprises during trial and encourages settlement by clarifying the evidence each side holds.