This book is only available in PDF format

Authors: Andrew Beck, Allison Ferguson
Published: 4 December 2020
Pages: 63

Introduction

The law and interpretation around the disclosure or discovery of documents has remained
largely unchanged. Judicial interpretation of the Rules has remained fairly consistent and
serves to entrench the accepted view on the interpretation and application of different sections.

This paper will largely serve to provide a basic practical overview of the main concepts
related to discovery in addition to providing relevant updates on the interpretation of the
Rules by the courts.

Content outline

• Pre-commencement discovery
• Initial disclosure
• General discovery
• Tailored discovery
• Particular discovery
• Electronic discovery
• Norwich Pharmacal Orders and freezing orders with ancillary orders seeking information
• Additional discovery considerations
• District Court issues
• Case law developments and commentary