Court & Litigation

Discovery

Also known as: disclosure

In plain English

The stage where each side has to show the other the relevant documents they hold, even unhelpful ones.

What it means

Discovery is the pre-trial process where parties disclose to each other the documents relevant to the dispute that are in their possession or control. The duty extends to documents that hurt your own case, not just those that help it. The documents are usually listed and then made available for inspection. Discovery promotes fairness by reducing surprise and helping both sides assess the strength of the case.

How it's used

During discovery the company had to produce internal emails that contradicted its defence.

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