Question

What is discovery. ?What is it's purpose in litigation? What are the primary tools of discovery and how does each function?

Answer 1

Discovery is a legal process that happens before a trial begins in order to aid each party to get evidences from the other party or parties or from non parties also.

The process of discovery in the common law jurisdictions helps each party to comprehend and investigate the details and facts of their case in order to prepare their case on the basis of the evidence obtained from the opposite party that possesses the evidence using the rules stated in the civil procedures.

The Primary Tools of Discovery are stated as follows:

1. Interrogatories: This is a list of clear, precise and pertinent questions which are related to the matter for which the litigation is carried out. These questions are sent after a discovery order to the opposite party in order to get the relevant evidence for the purpose of the case.
2. Production and Inspection: This is a tool by which a party if it believes that the opposite party or the adversary has the required evidence relevant for the case can enforce on the adversary to produce that information on the discovery being granted.
3. Requests for Admission of Facts: In order to save the time involved in proving some issues that are not subject to any dispute, one party in the litigation may request the opposite party to admit a material fact or the truthfulness of the document that is presented as evidence.
4. Depositions: A party to the legal case may require an oral interrogation of the opposite party before the trial begins . This interrogation and questioning should be focused on the relevant matter and the scope of the interrogation should be as permitted by the court.
5. Physical Examination: A mental or physical examination of the party can be done if it is permitted by the court on the grounds that the condition of the party in question is itself an issue for which there is a litigation.