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Dictionary · Courts and procedure

Discovery

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Discovery is the pretrial phase in which the parties exchange information and evidence through document requests, interrogatories and depositions. It often accounts for much of a case's cost and duration.

What is found in discovery changes how each side values the case. Weak claims often settle or are dismissed after it, and strong ones gain bargaining strength. The volume of electronic material can make it expensive.

For funders, discovery is the stage at which expenses are highest and the most information arrives, so it is a common point for a refreshed estimate and for a decision on further funding.

Discovery is not trial and does not decide the case. It builds the record on which later motions and trial rest.

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Related Terms
Summary JudgmentCheckpointCase-Cost FundingCase Management OrderProcedural Posture

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