Discovery: Overview, definition, and example
What is discovery?
Discovery is the pre-trial phase in a legal proceeding where each party involved in a lawsuit can obtain evidence from the other party or parties. The purpose of discovery is to ensure that both sides have access to all relevant facts and evidence, which can help in forming a case, negotiating settlements, or preparing for trial. Discovery can include several methods of information gathering, such as depositions, interrogatories (written questions), requests for production of documents, and requests for admissions. Discovery aims to make the legal process more transparent and reduce surprises at trial by ensuring that both parties know the evidence and arguments the other side will use.
For example, during a lawsuit, one party might request documents from the opposing party that are relevant to the case, such as emails, contracts, or financial records.
Why is discovery important?
Discovery is important because it promotes fairness and transparency in the legal process. By allowing both parties to access the same set of facts and evidence, it ensures that neither party is unfairly disadvantaged due to a lack of information. Discovery also helps streamline the legal proceedings by narrowing the issues to be tried in court, which can lead to more informed decision-making and the potential for settlement before trial. Additionally, discovery can reveal important facts that may influence the outcome of a case, sometimes even leading to a case being resolved or dismissed before it goes to trial.
Understanding discovery through an example
Let’s say a business files a lawsuit against a supplier for breaching a contract. During the discovery process, the business requests emails from the supplier’s management team to see if there were any internal discussions or warnings related to the breach. The supplier also requests financial documents from the business to evaluate the actual damages caused by the breach. Both parties exchange this information to assess the strengths of their case, which may lead to a settlement or prepare both sides for trial.
In another example, in a personal injury case, the plaintiff’s lawyer may request medical records and police reports through discovery to support the claim of injury, while the defense may ask for evidence of prior accidents to challenge the plaintiff's case.
An example of a discovery clause
Here’s how a discovery clause might appear in a legal agreement or litigation contract:
“The Parties agree to exchange all relevant documents and information in a timely manner during the discovery phase of this proceeding. Each Party shall respond to requests for production of documents, interrogatories, and depositions in accordance with applicable procedural rules and timelines. Failure to provide requested information may result in sanctions as determined by the Court.”
Conclusion
Discovery is a critical part of the litigation process that ensures both parties have access to the information necessary to build their cases. It promotes transparency, reduces surprises in court, and helps parties prepare for trial or settlement discussions. By facilitating the exchange of evidence through methods like document requests, depositions, and interrogatories, discovery helps ensure that the legal process is fair and just, allowing both parties to address the issues based on a full understanding of the facts.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.