What is Discovery?

Discovery in a lawsuit is the process by which both parties in a legal case obtain information and evidence from each other. This information can include documents, witness testimony, and physical evidence.

The purpose of discovery is to allow each party to gather the necessary information and evidence to build their case and prepare for trial. It is an important part of the legal process because it helps to ensure that both sides have access to all relevant information and evidence, which promotes fairness and transparency in the legal system.

Discovery can take many forms, including written requests for documents, depositions, and requests for admissions. The specific rules and procedures for discovery vary depending on the jurisdiction and type of case, but generally, both parties are required to disclose all relevant information and evidence that they have in their possession or control.

In South Carolina, the discovery process is governed by the South Carolina Rules of Civil Procedure. Rule 26(b)(1) of these rules states that, “Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”

Discovery can be a lengthy and complex process, but it is essential for ensuring that each party has a fair opportunity to present their case and that the court has all the necessary information to make a well-informed decision.