Define: Discovery

A formal investigation — governed by court rules — that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent’s case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defence any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.

Discovery is the legal method used to gather information from both parties during a legal proceeding. Discovery has five parts including disclosure, interrogatories, admissions of facts, request for production and depositions. During discovery, the courts will allow the request of information which is “reasonably calculated to lead to the discovery of admissible evidence”.

Consider also that discovery may include information which may eventually be found inadmissible in courts such as the information about the personal lives of the defendant or the plaintiff. The general scope of discovery includes information about the parties regarding any nonprivileged matter that is relevant to any party’s claim or defence including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter.

Most courts will not allow the trial date to be set until both the prosecution and the defendant have completed discovery. Discovery can take months due to the schedules of the parties, delays for providing answers, and the number of parties involved.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.