Discovery | Practical Law

Discovery | Practical Law

Discovery

Discovery

Practical Law UK Glossary 8-107-6127 (Approx. 4 pages)

Glossary

Discovery

This term has different meanings depending on its context:
  • In the context of civil litigation in England and Wales, the name for disclosure before the Civil Procedure Rules (CPR) came into force in April 1999.
  • In the context of civil cases in the US, the pre-trial phase of litigation, during which the parties disclose to each other information and documents that may be relevant to the claims and defenses in the case. The Federal Rules of Civil Procedure (FRCP) authorize several methods of discovery, including:
    • Initial Disclosures (FRCP 26(a)(1)).
    • Depositions (FRCP 27-32).
    • Interrogatories (FRCP 33).
    • Requests for production of documents or inspection (FRCP 34).
    • Requests for admission (FRCP 36).
    • Expert testimony (FRCP 26(a)(2)).
For information about initial disclosures in US federal courts, see Practice Note, Initial Stages of Federal Litigation: Overview: Initial Disclosure.