Define: Discovery Policy

A discovery policy is a set of guidelines and procedures that govern the exchange of information between parties involved in a legal case. It outlines the scope, timing, and methods of discovery, which is the process of obtaining evidence and information from the opposing party.

A discovery policy is important because it ensures fairness and transparency in the legal process. It allows both parties to gather relevant evidence and information to support their claims or defences, promoting a more informed and just resolution of the case.

Discovery allows parties to obtain various types of information, including documents, records, emails, text messages, photographs, videos, expert reports, and witness statements. It can also involve depositions, where witnesses are questioned under oath.

Yes, discovery can be requested from third parties who possess relevant information. This may include businesses, organisations, or individuals who are not directly involved in the lawsuit but have information that is important to the case.

Discovery is subject to certain limitations to prevent abuse or harassment. The court may impose restrictions on the scope or timing of discovery requests if they are unduly burdensome, irrelevant, or privileged. Additionally, certain types of information, such as trade secrets or attorney-client communications, may be protected from disclosure.

The duration of the discovery process can vary depending on the complexity of the case, the amount of information involved, and the cooperation of the parties. It can range from a few weeks to several months or even years in complex litigation.

If a party fails to comply with the discovery policy, the opposing party can file a motion to compel, asking the court to order the non-compliant party to produce the requested information. Failure to comply with a court order may result in sanctions, such as fines, adverse inferences, or even dismissal of the case.

Yes, discovery can be used to gather evidence that may be helpful in settlement negotiations. Parties may use the information obtained through discovery to assess the strengths and weaknesses of their case, which can facilitate settlement discussions.

Yes, discovery can be conducted electronically, especially in today’s digital age. Parties can request electronic documents, emails, social media posts, and other electronically stored information. They can also use technology-assisted review tools to analyze large volumes of data efficiently.

Yes, a discovery policy can be modified during the course of litigation if both parties agree or if the court determines that a modification is necessary. However, any modifications should be reasonable and not unduly prejudice either party.