7-1 Discussion: Discovery and Judicial Efficiency

7-1 Discussion: Discovery and Judicial Efficiency

The process of discovery allows each side of a court case to “discover” a wide array of information relevant to the legal and factual issues in the case. Discovery can include document requests (requests that the other side produce ledgers, tax returns, medical records, or other items related to the case), interrogatories (written questions to be answered by the litigants or witnesses on the other side), and depositions (questioning a litigant or witness under oath in front of a court reporter who transcribes the questions and answers).

Discovery can be time-consuming and expensive; yet, it can also lead to case settlement after the litigants have a chance to consider all of the evidence and more accurately assess their odds of winning at trial.

In your initial post, describe what you think is the impact on judicial efficiency of allowing for wide-reaching, thorough discovery. Defend your position with examples or detailed explanation. Be sure to address the issue of costs as well as court caseloads.

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People normally abuse discovery process by delaying and charging high costs due to the process of discovery. The first impact on discovery process is disproportionate costs; the Victorian law reform Commission’s noted that the process is achieved at a greater cost or not achieved at all.

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