Discovery
Discovery is the pretrial process through which parties exchange information and gather evidence relevant to a lawsuit. Depending on the case and rules, discovery can include document requests, interrogatories, depositions, and requests for admission. Courts can limit discovery to keep it proportional and fair.
Discovery is the pretrial process through which parties exchange information and gather evidence relevant to a lawsuit. Depending on the case and rules, discovery can include document requests, interrogatories, depositions, and requests for admission. Courts can limit discovery to keep it proportional and fair.
Example: In Hickman v. Taylor (1947), the Supreme Court considered the scope of discovery and the protection for materials prepared by an attorney in anticipation of litigation.
Common misconception: Discovery allows a party to demand anything from the other side. Requests must comply with the governing rules and can be challenged or limited by the court.
Sources: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure; https://www.govinfo.gov/content/pkg/USREPORTS-329/pdf/USREPORTS-329-495.pdf