Discovery in the United States
A procedure used before civil trials that allows one party to obtain information about a case from the opposing party. Discovery assists litigants in civil suits prepare for trial. Evidence is basically gathered in three ways during discovery. The first is by deposition, where counsel for one party interviews the other party and the witnesses for the opposing side. A second method is through interrogatories, a technique by which one party poses questions to the other party for detailed written response. Finally, a party may obtain documents and records in the possession of the other side. While a judge does not directly supervise discovery, it is conducted under court auspices and judicial remedies are available if compliance with discovery initiatives does not otherwise occur.
See Also
Deposition (Civil Process) Interrogatories (Civil Process).
Analysis and Relevance
Civil dockets are often badly backlogged, and there is frequently a waiting period in excess of two years before a trial date can be obtained. Discovery occurs during this period and is intended to better prepare the opposing parties for trial. In practice, discovery often leads to settlements. As information is exchanged, litigants reassess their chances at trial. This, in turn, may prompt a litigant to modify a position or even drop the lawsuit. Discovery is not without problems. Parties may use the processes of discovery to wear down opponents through excessive requests. If the discovery process is drawn out unnecessarily, it produces delay and excessive cost. Some states have amended their rules of civil procedure to regulate discovery processes. Upon completion of discovery, most courts schedule pretrial conferences where judges and the parties meet to prepare for trial as well as explore settlement possibilities.
Notes and References
- Definition of Discovery from the American Law Dictionary, 1991, California
Discovery Definition
(Fr. deoouvrir, to uncover; to discover). 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, as against all European governments. This title was to be consummated by possession. 8 Wheat. (U.S.) 543; 16 Pet. (U.S.) 367; 2 Washb. Real Prop. 518. An invention or improvement. Act Cong. July 4, 1836, § 6. In Practice. The disclosure of facts resting in the knowledge of the defendant, or the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in some suit or proceeding in another court. It was originally an equitable form of procedure, and a bill of discovery, strictly so called, was brought to assist parties to suits in other courts. In modern practice, a statutory proceeding is generally substituted, by which an inspection of books and papers, or an examination of a party, may be had on motion.
Discovery in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Discovery | Discovery in the World Legal Encyclopedia. |
| Discovery | Discovery in the European Legal Encyclopedia. |
| Discovery | Discovery in the Asian Legal Encyclopedia. |
| Discovery | Discovery in the UK Legal Encyclopedia. |
| Discovery | Discovery in the Australian Legal Encyclopedia. |
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| Discovery | Discovery in the Family Law Portal of the American Encyclopedia of Law. |
| Discovery | Discovery in the IP Portal of the American Encyclopedia of Law. |
| Discovery | Discovery in the Commercial Law Portal of the American Encyclopedia of Law. |
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| Discovery | Discovery in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
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| Discovery | Discovery in the Tax Law Portal of the American Encyclopedia of Law. |
| Discovery | Discovery in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Discovery | Discovery in the Employment and Labor Portal of the American Encyclopedia of Law. |
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| Discovery | Discovery in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Resource | Description |
|---|---|
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| http://lawi.us/discovery | The URI of Discovery (more about URIs) |
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Legal Issue for Attorneys
(Fr. deoouvrir, to uncover; to discover). 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, as against all European governments. This title was to be consummated by possession. 8 Wheat. (U.S.) 543; 16 Pet. (U.S.) 367; 2 Washb. Real Prop. 518. An invention or improvement. Act Cong. July 4, 1836, § 6. In Practice. The disclosure of facts resting in the knowledge of the defendant, or the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in some suit or proceeding in another court. It was originally an equitable form of procedure, and a bill of discovery, strictly so called, was brought to assist parties to suits in other courts. In modern practice, a statutory proceeding is generally substituted, by which an inspection of books and papers, or an examination of a party, may be had on motion.
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Notice
This definition of Discovery Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Discovery as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A formal investigation governed by court rules that is conducted before a trial. Discovery allows one party to question other parties and sometimes witnesses and to force others to disclose documents or other physical evidence relating to the lawsuit.
Practical Information
Note: Some of this information was last updated in 1982
A procedure designed to obtain facts known by the defendant, or referred to in papers in his possession. In general, either party may obtain discovery about any matter that is not privileged and that is relevant to the subject matter involved in the pending action. Even information that may be inadmissible at trial may be discoverable if it appears that the information will lead to admissible evidence. Parties ma
y obtain discovery by depositions (in U.S. law), written interrogatories (in U.S. law), production of documents, physical and mental examinations and requests for admissions. Discovery and inspection. A procedure whereby an attorney may obtain information contained in books, papers, documents, photographs, or other articles of property that are under control of the adverse party. This procedure is extremely helpful in preparing a case for pleading or for trial.
(Revised by Ann De Vries)
What is Discovery?
For a meaning of it, read Discovery in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Discovery.
Discovery
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled DISCOVERYDiscovery is a procedure by which one party obtains information from the adverse party in his case. This disclosure of information in criminal proceedings includes statements, documents, test results, reports, and other similar items. Although there is a very broad power to discover items
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The Basic Methods of Discovery
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about The Basic Methods of Discovery. For a wide overview, read about Steps in the Litigation Process
Meaning of Discovery
In plain or simple terms, Discovery means: The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial.
Concept of Discovery in Judicial Assistance
In this context, a definition of Discovery may be as follows: Pretrial procedures that can be used by one party to obtain facts and information about the case from the other party or from third parties in order to assist the party’s preparation for trial.
Discovery Explained
References
See Also
- Civil Procedure
- Federal Courts
Discovery (Administrative Record)
This section introduces, discusses and describes the basics of discovery. Then, cross references and a brief overview about Administrative Record is provided. Finally, the subject of Judicial Review in relation with discovery is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Discovery (Adversary Proceedings)
This section introduces, discusses and describes the basics of discovery. Then, cross references and a brief overview about Adversary Proceedings is provided. Finally, the subject of Proceedings in relation with discovery is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Discovery (Adversary Proceedings)
This section introduces, discusses and describes the basics of discovery. Then, cross references and a brief overview about Adversary Proceedings is provided. Finally, the subject of Practice in relation with discovery is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Discovery (Civil Procedure)
This section introduces, discusses and describes the basics of discovery. Then, cross references and a brief overview about Civil Procedurein relation to discovery is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.
Resources
See Also
Adversary System; Civil and Criminal Divide; Counsel: Role of Counsel; Criminal Procedure: Constitutional Aspects; Grand Jury; Preliminary Hearing.
Deposition; Immunity; Interrogatories; Self-Incrimination.
Cook, James, Explorations of ; Explorations and Expeditions: U.S. ; Vancouver Explorations.
Related Case Law
Brady v. Maryland, 373 U.S. 83 (1963).
Fisher v. United States, 425 U.S. 391 (1976).
Kyles v. Whitley, 514 U.S. 419 (1995).
Mooney v. Holohan, 294 U.S. 103 (1935).
Nobles v. United States, 422 U.S. 225 (1975).
Wardius v. Oregon, 412 U.S. 470 (1973).
Taylor v. Illinois, 419 U.S. 522 (1988).
Weatherford v. Bursey, 429 U.S. 545 (1977).
Williams v. Florida, 399 U.S. 78 (1970).
Further Reading (Books)
American Bar Association. Standards Relating to Discovery and Procedure before Trial. Washington, D.C.: American Bar Association, 1969.
Standards Relating to Discovery and Procedure before Trial, Supplement. Washington, D.C.: American Bar Association, 1970.
“Discovery and Procedure before Trial.” In Standards Relating to the Administration of Justice, vol. 2, 11-1 to 11-94. 2d ed., Boston: Little, Brown, 1980.
Standards for Criminal Justice: Discovery and Trial by Jury, 3d ed. Washington, D.C.: American Bar Association, 1996.
Brennan, William J., Jr. “The Criminal Prosecution: Sporting Event or Quest for Truth?” Washington University Law Quarterly no. 3 (June 1963): 279-295.
Imwinkelried, Edward J. “The Applicability of the Attorney-Client Privilege to Non-Testifying Experts: Reestablishing the Boundaries between the Attorney-Client Privilege and the Work Product Protection.” Washington University Law Quarterly 68 (1990): 19-50.
LaFave, Wayne R., and Israel, Jerold H. Criminal Procedure, 2d ed. St. Paul, Minn.: West Publishing Co, 1992.
Louisell, David W. “Criminal Discovery and Self-Incrimination: Roger Traynor Confronts the Dilemma.” California Law Review 53 (1965): 89-102.
Mosteller, Robert P. “Discovery against the Defense: Tilting the Adversarial Balance.” California Law Review 74 (1986): 1567-1685.
Traynor, Roger J. “Ground Lost and Found in Criminal Discovery.” New York University Law Review 39 (1964): 228-250.
Van Kessel, Gordon. “Prosecutorial Discovery and the Privilege against Self-Incrimination: Accommodation or Capitulation.” Hastings Constitutional Law Quarterly 4, no. 4 (Fall 1977): 855-900.
Further Reading (Books 2)
Fisher, Robin. Vancouver’s Voyage: Charting the Northwest Coast, 1791-1795. Vancouver, Wash.: Douglas and McIntyre, 1992.
Marquardt, Karl H. The Anatomy of the Ship Captain Cook’s Endeavour. London: Conway Maritime Press, 1995; 2001.
Robert MoultonGatke/a. r.
Further Reading (Articles)
Discovery Channel Tests The Leverage of Licensing, The Washington Post; November 29, 2004; Annys Shin
Discovery Hopes for Payoff on Crime Channel, The Washington Post; November 27, 2007; Frank Ahrens – Washington Post Staff Writer
Discovery Communications, Inc., Encyclopedia of Major Marketing Campaigns; January 1, 2007
Discovery Networks Asia-Pacific.(CHANNELS), Television Asia; January 1, 2009
Discovery says W
allenda’s next walk is in Chicago, AP Online; April 3, 2014; By DAVID BAUDER
Liftoff: Discovery Soars on July 4th, AP Online; July 4, 2006
Discovery, CBS in Talks on Times Channel, The Washington Post; May 22, 2007; Frank Ahrens – Washington Post Staff Writer
Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants, Mondaq Business Briefing; October 27, 2013; Lynch, Matthew
Discovery Continues to Grow, License! Global; June 1, 2011; Phillips, Sam
DISCOVERY II IS STILL FIT FOR THE BACK COUNTRY, The Columbian (Vancouver, WA); May 30, 1999; THOMAS RYLL, Columbian staff writer
Discovery.com Lays Off 40% Of Its Staff; Company to Focus On TV Operations, The Washington Post; November 14, 2000; Carrie Johnson Neil Irwin
Discovery Closer to Going Public; Cable Network’s Parent in Talks to Buy Newhouse’s Stake, The Washington Post; September 22, 2007; Frank Ahrens – Washington Post Staff Writer
Discovery’s Travel Arrangement; Web Site to Sell Exotic Trips to Adventurous Viewers in Deal With Away.com, The Washington Post; October 16, 2000; Neil Irwin
Discovery Buys Chain of Stores For $10 Million; Bethesda Cable Channel Owner Plans a Push Into Retailing, The Washington Post; May 13, 1995; Paul Farhi
Discovery Hails Remarkable Feat by Health Unit; Zz Group’s New Business Rises 15%, The Star (South Africa); September 4, 2013
DISCOVERY PARK TO MARK 10 YEARS OF INNOVATION WITH 4 DISCOVERY LECTURES IN APRIL, US Fed News Service, Including US State News; March 27, 2012
Discovery Communications finally will go public, Deseret News (Salt Lake City); December 17, 2007; Sam Schechner and Jessica E. Vascellaro Associated Press
For Discovery Communications, the Revenue Growth Lies in Television Networks Overseas, The Washington Post; December 18, 2012; Overly, Steven
Discovery at 20: Global Strategy; Little Room Left in U.S. to Grow [Correction 6/28/05], The Washington Post; June 20, 2005; Annys Shin
Discovery’s New Program: A Spring IPO, The Washington Post; December 14, 2007; Frank Ahrens – Washington Post Staff Writer
Discovery in State Statute Topics
Introduction to Discovery (State statute topic)
The purpose of Discovery is to provide a broad appreciation of the Discovery legal topic. Select from the list of U.S. legal topics for information (other than Discovery).
The Basic Methods of Discovery
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about The Basic Methods of Discovery. For a wide overview, read about Steps in the Litigation Process
Meaning of Discovery
In plain or simple terms, Discovery means: The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial.
Concept of Discovery in Judicial Assistance
In this context, a definition of Discovery may be as follows: Pretrial procedures that can be used by one party to obtain facts and information about the case from the other party or from third parties in order to assist the party’s preparation for trial.
Discovery Explained
References
See Also
- Civil Procedure
- Federal Courts
Resources
Further Reading
- Information about Discovery in the Gale Encyclopedia of American Law.
Discovery in the Context of International Disputes
Discovery Pursuant to Customary International Judicial Assistance in International Civil Litigation
Analysis of the Discovery Pursuant to Customary International Judicial Assistance
The Basic Methods of Discovery
There is some information in the United States Procedure Law section of this American Legal Encyclopedia about The Basic Methods of Discovery. For a wide overview, read about Steps in the Litigation Process
Meaning of Discovery
In plain or simple terms, Discovery means: The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial.
Concept of Discovery in Judicial Assistance
In this context, a definition of Discovery may be as follows: Pretrial procedures that can be used by one party to obtain facts and information about the case from the other party or from third parties in order to assist the party’s preparation for trial.
Discovery Explained
References
See Also
- Civil Procedure
- Federal Courts
Resources
See Also
- Convention on the Taking of Evidence Abroad
- Taking of Evidence Abroad
- Obtaining Evidence Abroad in Criminal Cases
- Conflict of Laws
- Service of Process
Discovery Definition in the context of the Federal Court System
The process by which lawyers learn about their opponent’s case in preparation for trial. Typical tools of discovery include depositions, interrogatories, requests for admissions, and requests for documents. All these devices help the lawyer learn the relevant facts and collect and examine any relevant documents or other materials.
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