Discovery

Definition(s)

  • A pre-trial process in which each party tries to find all the information held by the other party and by certain third parties that is relevant, probative and can be admitted into evidence at trial. Each party is required to cooperate with the other to the extent required by the relevant rules of civil procedure.  1
  • The pre-trial procedure by which each party gains information held by the adverse party concerning a case. Discovery is also the disclosure of facts, documents, electronically stored information and tangible objects by an adverse party.  2
  • The process of providing documents to an opposing party in US litigation. Unlike the UK, the US process is driven by “pull” i.e. a party needs to specify the documents they want each opposing party to produce.  3

Notes

  1. RenewData, Glossary (10/5/2005).
  2. Ibis Consulting, Glossary.
  3. LitSavant Ltd., Glossary, http://www.litsavant.com/full-glossary.aspx