Glossary search



n. ~ 1. Law · The process that compels a party in a lawsuit to disclose evidence and information relevant to the case. - 2. Access · The process of searching for and identifying potentially relevant materials.


For discovery1, see "Depositions and Discovery," Federal Rules of Civil Procedure, part V (2003).

(Hazard and Taruffo 1993, p. 115) Discovery has broad scope. According to Federal Rule 26, which is the model in most procedural codes, inquiry may be made into 'any matter, not privileged, that is relevant to the subject matter of the action.' Thus, discovery may be had of facts incidentally relevant to the issues in the pleadings even if the facts do not directly prove or disprove the facts in question.
(Skupsky and Manta–a 1994, p. 87) The objectives of the pretrial discovery are to enhance the truth-seeking process, to enable attorneys to better prepare and evaluate cases, to eliminate surprises, and to insure that judgments rest on the merits and not upon the skillful maneuvering of counsel.