Discovery

Discovery is the pre-trial stage of a court claim where both sides must list and exchange documents relevant to the dispute, such as medical records, repair invoices and correspondence with insurers.

It exists so that neither side is surprised by evidence at trial. It often narrows what is in dispute before the parties reach pre-trial case management and mediation.

Either side can use the documents disclosed, so keep your records complete and consistent from the start. A party that fails to disclose a relevant document can have it excluded, or the court may draw an unfavourable conclusion.

If the case reaches this stage, an independent lawyer can prepare your list of documents and deal with the other side’s requests.