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Discovery

  • 06-07-2007 10:54am
    #1
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭


    Okay haven't done evidence yet so could someone explain to me what discovery is and how the process works?

    I understand that an affidavit of discovery requires the other side to release to the defendants all documents on which they will rely should the case go to court.

    Is that right and how would it be phrased and is there an example online?

    MM


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Party seeking discovery first writes a letter to other side seeking discovery in accordance with rules of the superior courts, party either assents to this in which case that party swears affidavit of discovery, which is in accordance with form 10 appendix C of Superiror Court rules. It's basically a list of documents currently in their possession, documents formerly in their posession, and docuemtns for which they are asserting privilege. It's normal to include a copy of the document too at this stage so the other side doesnt have to go down the road of seeking inspection (acutally getting a copy of the documents).

    If the parties can't agree to voluntary discovery, it goes to the Master on a Notice on Motion.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    mountainyman wrote:
    I understand that an affidavit of discovery requires the other side to release to the defendants all documents on which they will rely should the case go to court.

    An order for discovery requires the other side to swear an affidavit of discovery. It requires them to state what documents in very specific categories they have, or have had, in their possession. It could be anything, and is intended to be detrimental to the other side's case rather than being what they will rely on at trial. A notice to produce requries them to furnish documents on which they will rely at trial (e.g. medical reports etc).
    mountainyman wrote:
    Is that right and how would it be phrased and is there an example online?

    Have a look at Swords v. Western Proteins Ltd [2001] 1 IR 324. The categories must be very tight and they cannot be a fishing expedition. So you would need to be absolutely clear on what exactly you want, and you must state why it is relevant to a matter in the pleadings and necessary for you to be successful at trial. So it should only really be documents that forward a party's case that should be sought.


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