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Encyclopedia Britannica



DISCOVERY

This article appears in Volume V08, Page 312 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: DIO-DRO
DISCOVERY , in law, the revealing or disclosing of any matter. The
English
  common law courts were originally unable to compel a litigant before a trial to disclose the facts and documents on which he relied. In
equity
 , however, a different
rule
  prevailed, there being an
absolute
  right to discovery of all material facts on which a
case
  was founded. Now the practice is regulated by the Rules of the Supreme
Court
 , 1883, Order 31. Discovery is of two kinds, namely, by interrogatories and by
affidavit
  of documents, provision being also made for the 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
possession
  of some other party, the
court
  may make an order that such party 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 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 bound to
answer
  them in writing upon 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 money, generally not less than five pounds. See also EVIDENCE.


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