DISCOVERY - Part of the pre-trial
litigation process during which each party requests
relevant information and documents from the other
side in an attempt to "discover" pertinent
facts. Generally discovery devices include depositions,
interogatories, requests for admissions, document
production requests and requests for inspection.
The formal procedures used by parties to a lawsuit
to obtain information before a trial is called discovery.
Discovery helps a party find out the other side's
version of the facts, what witnesses know, and other
evidence. Rules dictating the allowable methods of
discovery have been set up by Congress (for federal
courts) and by state legislatures (for state courts).
Common discovery devices include:
* Deposition--a proceeding in which a witness or
party is asked to answer questions orally under oath
before a court reporter.
* Interrogatories--written questions sent by one
party to the other party for the latter to answer
in writing under oath.
* Request for admission--a request to a party that
he admit certain facts. One party sends the other
a request for admission so that basic issues the parties
agree upon can be resolved and not have to be proven
if the parties go to trial.
* Request for physical examination--a request to
a party that he be examined by a doctor if his health
is at issue.
* Request for production of documents--a request
to a party to hand over certain defined documents.
In family law cases, parties often request from each
other bank statements, pay stubs and other documents
showing earnings, assets and debts.
* Request for inspection--a request by a party to
look at tangible items (other than writings) in the
possession or control of the other party. Items to
be inspected include houses, cars, appliances and
virtually any other physical item.
* Subpoena--an order telling a witness to appear
in court or at a deposition. A subpoena is issued
by the court, and if the witness fails to comply,
he can be held in contempt of court.
* Subpoena duces tecum--an order telling a witness
to turn over certain documents to a specific party
or to bring them to a scheduled deposition. A subpoena
duces tecum is issued by the court, and if the witness
fails to comply, he can be held in contempt.
The scope of information obtainable through discovery
is quite broad and not limited to what can be used
in a trial. Federal courts and most state courts allow
a party to discover any information 'reasonably calculated
to lead to the discovery of admissible evidence.'
Because of this broad standard, parties often disagree
about what information must be exchanged and what
may be kept confidential. These disputes are resolved
through court rulings on discovery motions.
Intern. Law. The act of finding an unknown country.
The nations of Europe adopted the principle, that
the discovery of any part of America gave title to
the government by whose subjects, or by whose authority
it was made, against all European governments. This
title was to be consummated by possession.
Rights. The patent laws of the United States use
this word as synonymous with invention or improvement.
