Introduction. The Role of Discovery in Civil Litigation

• Author: John Hollander
• Pages: 1-6

the role of discovery in civil litigation

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introduction

The Role of Discovery in

Civil Litigation

   of civil litigation is to resolve dis-

putes that arise between parties with conicting interests.

Rule-makers have determined that well-informed parties

make rational decisions, and rational decisions rarely in-

clude a trip to the courtroom.

e discovery process has its basis in the disclosure of

facts and full disclosure should lead to informed settle-

ments. e orderly settlement of cases improves harmony

among citizens, who have recourse to the courts instead

of lethal weapons. It reduces the demand for trial judges

and the costs associated with the administration of jus-

tice — at least, that is the theory.

In defence of their clients, experienced counsel use

the discovery rules to withhold what they can; then they

disclose as favourably as they are able what they cannot

withhold. ey use those same rules to learn what they

can of the case of the opposition. It is a fact of life that

there exists a great disparity in the resources of compet-

ing parties, and it is also true that unequal talent of their

counsel causes an impact in the management and conclu-

sion of cases. is disparity and inequality play out in the