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Simple English definitions for legal terms
discovery
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A quick definition of discovery:
Discovery is a process used in legal cases to gather information before a trial. It allows both sides to ask for evidence and documents from each other to help build their case. The rules for discovery are very broad, meaning that parties can ask for almost any information that is relevant to the case. This can be expensive and time-consuming, especially for defendants. However, some rules allow defendants to simply give plaintiffs access to their records instead of providing the information themselves. Attorneys' work product is usually protected from disclosure, but this can vary depending on the jurisdiction.A more thorough explanation:
In civil actions, discovery is the process of gathering information before a trial. It allows parties to obtain evidence and information from each other in preparation for the trial. The Federal Rules of Civil Procedure have very liberal discovery provisions, which means that parties can obtain any non-privileged information that is relevant to their claim or defense.
- A plaintiff who suspects that they were wronged can file a lawsuit, even if they do not have solid evidence. During discovery, they can force the defendant to give them evidence that they can use to build their case.
- Parties can use several tools to get information from other parties, including interrogatories, depositions, and requests for admission. They can also compel other parties to give them access to documents, real property, or other things for review or testing.
- An attorney’s work product is not obtainable through disclosure in most states. However, material prepared by non-attorneys for the litigation would be discoverable.
The examples illustrate how discovery works in civil actions. It allows parties to obtain evidence and information from each other, which can help them build their case. It also shows that there are rules and limitations to what can be obtained through discovery, such as the protection of an attorney's work product in most states.