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Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
Civil discovery under United States federal law is wide-ranging and can involve any material which is relevant to the case except information which is privileged, information which is the work product of the opposing party, or certain kinds of expert opinions. (Criminal discovery rules may differ from those discussed here.)
Traditionally, in the English common law system, parties who filed lawsuits that requested legal remedies could file a request in the Court of Chancery to inspect of documents in the possession of an opposing party, as long as the documents "tended to prove 'the case' at law of the party filing the [request]."
The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
[2] [3] In addition, state law and regulatory agencies increasingly also address issues relating to electronic discovery. In England and Wales, Part 31 of the Civil Procedure Rules [4] and Practice Direction 31B on Disclosure of Electronic Documents apply. [5] Other jurisdictions around the world also have rules relating to electronic discovery.
This page was last edited on 29 November 2011, at 01:19 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
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