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DISCOVERY

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Originally appearing in Volume V08, Page 312 of the 1911 Encyclopedia Britannica.
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DISCOVERY , in See also:

law, the revealing or disclosing of any See also:matter. The See also:English See also:common law courts were originally unable to compel a litigant before a trial to disclose the facts and documents on which he relied. In See also:equity, however, a different See also:rule prevailed, there being an See also:absolute right to discovery of all material facts on which a See also:case was founded. Now the practice is regulated by the Rules of the Supreme See also:Court, 1883, See also:Order 31. Discovery is of two kinds, namely, by interrogatories and by See also:affidavit of documents, See also:provision being also made for the See also:production and inspection of documents. Where a party to a suit can make an affidavit stating that in his belief certain specified documents are or have been in the See also:possession of some other party, the court may make an order that such party See also:state on affidavit whether he has or ever had any of those documents in his possession, or if he has parted with them or what has become of them. A further application may then be made by See also:notice to the party who has admitted possession of the documents for production and inspection. Copies also may be taken of the more important documents. There is also discovery of facts obtained by means of interrogatories, i.e. written questions addressed on behalf of one party, before trial, to the other party, who is See also:bound to See also:answer them in See also:writing upon See also:oath. In order to prevent needless expense the party seeking discovery must first secure the cost of it by paying into court a sum of See also:money, generally not less than five pounds. See also See also:EVIDENCE.

End of Article: DISCOVERY

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