Discovery is the process in the Civil case proceedings where the parties prepare their case and for the trial by obtaining and gathering information and documents that are relevant to the case from the opposing party. This process requires parties to disclose and share to each other all relevant documents in their possession, custody or power so that all relevant evidence is made available and presented to the Court.
As part of this process, all parties have to review the information, documents and materials which are relevant to the case and which are in their respective possession and then formally list out these documents and make a thorough and honest disclosure of them to the opposing party.
This process is important because it gives parties the right to obtain all relevant materials and evidence that may be helpful in supporting their own case or in challenging the other party’s case. This responsibility for full and frank disclosure continues until the end of the case and parties are not allowed to withhold or deny evidence that would otherwise be helpful for the opposing party.