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dis·cov·ery n pl -er·ies1: the act or process of discovering2: something discoveredapplied for a patent for the discovery3 a: the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for productionb: the disclosure of information held by the opposing party in an actiona party may obtain discovery of the existence and contents of any insurance agreement — Federal Rules of Civil Procedure Rule 26(b)(2) see also privilege, work product doctrine◇ Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure 16, a defendant may obtain discovery of his or her own written or recorded statements or confessions, results of examinations and tests, his or her recorded testimony before a grand jury, and testimony to be given by the prosecution's expert witnesses. A defendant may also inspect the prosecution's books, documents, photographs, objects, and other items of evidence. Under Federal Rule of Criminal Procedure 12.1, the prosecution must also disclose the names of witnesses that will be called to rebut the defendant's alibi defense. The defendant must also permit the prosecution to inspect books, documents, photographs, and objects and must disclose reports of examinations or tests and testimony of expert witnesses.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
acquisition of knowledge, ascertainment, checking, declaration, descrial, detection, discernment, disclosure, disclosure proceedings, distinguishing, divulgence, espial, examination for the purpose of ascertaining facts, exploration, exposition, exposure, finding out, first sight, identification, inquiry, inspection, investigation, investigation to uncover facts, observation, perception, perusal, pretrial examination proceedings, quest, reconnoitering, revealment, revelation, scrutiny, sighting, surveying, uncovering, unearthing
associated concepts: discovery of deceit, discovery of facts, discovery of fraud, discovery of loss, discovery of mistake, discovery proceeding, discovery which can be patented, doctrine of discovered peril
II
index
detection, disclosure (something disclosed), invention, manifestation, observation, origination, perception, realization, recognition
Burton's Legal Thesaurus. William C. Burton. 2006
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n.The process of gaining information about an opponent’s case before trial by reviewing documents, inspecting and examining property, and asking questions through interrogatories and depositions.v.discover See also Federal Rules of Civil Procedure
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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A formal investigation — governed by court rules — that is conducted before trial by both parties. Discovery allows each party to question the other parties, and sometimes witnesses. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury; depositions, at which one party to a lawsuit has the opportunity to ask oral questions of the other party or witnesses under oath while a written transcript is made by a court reporter; and requests to produce documents, by which one party can force the other to produce physical evidence. Parties may also ask each other to admit or deny key facts in the case. Discovery allows parties to assess the strength or weakness of an opponent's case, in order to support settlement talks and also to be sure that the parties have as much knowledge as possible for trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense 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.Category: Accidents & InjuriesCategory: Representing Yourself in CourtCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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The name for disclosure before the CPR came into force in April 1999. The process has changed in more than name only, the most significant aspect of the change is that the overriding objective, including the principle of proportionality, now applies to disclosure.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. In litigation, the compulsory release by a party of documents and other evidence sought by the other party, under rules set by the court. Means of discovery include depositions, written interrogatories, requests for admissions, and requests to produce documents or to inspect property.See also disclosure.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses.
Dictionary from West's Encyclopedia of American Law. 2005.
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I
A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses.II The name given pretrial devices for obtaining facts and information about the case.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Often much of the fight between the two sides in a suit takes place during the discovery period.
Law dictionary. EdwART. 2013.
