(law) compulsory pretrial disclosure of documents relevant to a case; enables one side in a litigation to elicit information from the other side concerning the facts in the case
Main Entry: dis·cov·ery Function: noun Inflected Form: plural-er·ies 1: the act or process of discovering 2: something discovered <applied for a patent for the discovery> 3 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 action <a 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 NOTE: 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.
Discovery-Spring Garden, MD (CDP, FIPS 23005) Location: 39.46034 N, 77.36079 W Population (1990): 2443 (742 housing units) Area: 2.5 sq km (land), 0.0 sq km (water)
Discovery Bay, CA (CDP, FIPS 19339) Location: 37.90878 N, 121.59522 W Population (1990): 5351 (2646 housing units) Area: 17.4 sq km (land), 2.0 sq km (water)
Dis*cov"er*y\, n.; pl. Discoveries. 1. The action of discovering; exposure to view; laying open; showing; as, the discovery of a plot. 2. A making known; revelation; disclosure; as, a bankrupt is bound to make a full discovery of his assets. In the clear discoveries of the next [world]. --South. 3. Finding out or ascertaining something previously unknown or unrecognized; as, Harvey's discovery of the circulation of the blood. A brilliant career of discovery and conquest. --Prescott. We speak of the "invention" of printing, the discovery of America. --Trench. 4. That which is discovered; a thing found out, or for the first time ascertained or recognized; as, the properties of the magnet were an important discovery. 5. Exploration; examination. [Obs.]
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