Discovery is the term used to describe the process whereby parties to litigation provide each other with documentary evidence which might be relevant to a case before the courts. Discovery of documents between parties, also called “disclosure” in some jurisdictions, is a critical part of civil litigation and a significant differentiator from ADR processes where parties rarely have access to each other’s documents.1 Where general discovery is ordered by a court, parties must provide each other with access to all relevant documents, generally including all documents on which they wish to rely in court prior to the hearing.
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