What is Discovery? Discovery Explained (2023)

Discovery Explained

In a nutshell, discovery is a procedure in which information is exchanged between two parties. This is a general description to be used for civil cases only (as opposed to criminal cases). The term “discovery” is very broad. It covers a wide variety of requests that one party makes to another in order to obtain information.

There are several reasons why providing one party with information regarding litigation is important, but under the American system, no other reason is more important than the concept of fairness and a fair trial. If one party withholds potentially powerful evidence or information from the other party, because that information is damning to their case, then that is not fair to other party, especially in a criminal setting, but almost as much in a civil trial. If a party has information helpful to their case withheld from them on the basis that the other party was in control of it and they knew it was harmful to their case, without discovery rules, the other party almost certainly would not be able to present their case fairly before a judge or jury.

Think about it this way: a chemical company is being sued for contaminating the water supply to a small town. They have information that shows that they knew about the contamination and continued on without working towards fixing the contamination or remediating it. If there were no rules that compelled the chemical company to release such information, then the people of the small town may have a very difficult time trying to prove that the water company knowingly continued to contaminate the water supply. (This is not the best analogy because there are likely other ways of obtaining the information, and there are probably ways that the chemical company could try to deny discovery of such material, but you get the gist).

Types and Scope of Discovery

Rule 192 explains the permissible forms of discovery:

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(a) requests for disclosure;

(b) requests for production and inspection of documents and tangible things;

(c) requests and motions for entry upon and examination of real property;

(d) interrogatories to a party;

(e) requests for admission;

(f) oral or written depositions; and

(g) motions for mental or physical examinations

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Tex. R. C. Proc. 192.1. There are also rule regarding what is and what is not information that can be admitted into discovery. Rule 192 further explains that,

“In general, a party may obtain discovery regarding any matter that is not privileged and is relevant to the subject matter of the pending action … It is not a ground for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”

Tex. R. C. Proc. 192.3.

Put into perspective, Rule 192.1 outlines the various types of discovery allowed in a given case. Not all forms of discovery are needed in a given case, but they can apply to any type of civil case in Texas if necessary. Rule 192.3(a) provides a general scope of discovery applicable to all types of discovery under 192.1. It states generally that a party may request information that is not privileged, that is relevant to the subject matter in some way, and appears to be “reasonably calculated to lead to the discovery of admissible evidence. Tex. R. Civ. P. 192.3(a). The word appears is absolutely important to that sentence. It means that it doesn’t necessarily have to lead to the discovery of admissible evidence, and it doesn’t as a matter of face have to be “reasonably calculated”, it only has to appear to be reasonably calculated. That is very important. It provides the requesting party with just a little more leeway in their requests. That does not exclude the other party’s ability to object to requests, but they must assert that the request does not on appear to be reasonably calculated to lead to the discovery of admissible evidence. Taken together, rules 192.1 and 192.3 taken together help us to understand the types of discovery and an outline of their scope.

Requests must be made with relative specificity. Tex. R. Civ. P. 196.1(b). Under rule 196.1(b), the requesting party must provide the other party with what they’re looking for from the other party and in specific enough terms so that the other party will know what they are to send. Additionally under 196.1(b), if you plan on testing the thing produced for inspection in a lab or some other way, you must disclose what you plan to test or sample regarding any such item.

Objections and assertions of privilege will necessarily affect what is shared between parties, but we do not need to worry about these for now. The concept of discovery is what we are trying to understand

Compelling Discovery

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Request for Admissions, Request for Interrogatories, Request for Production, and Request for Disclosure are the four most common ways to obtain information from another party. Requests for admissions and interrogatories are typically in the format of question and answer. The request for production and inspection of tangible things is just how it sounds, but it is usually provided in an enumerated form to provide the responding party with specific enough requests to know what needs to be found and produced. The request for disclosure is more like the first two. The party requesting disclosure may request that the responding party provide them with any and all potential legal claims/defenses in the litigation as well as any factual bases for their legal contentions. It also requests the responding party to provide their names, addresses and contact information, as well as name and contact information of any witnesses. But before we go too far, lets take a look at each of the four types individually.

Request for Admissions

Within the realm of written discovery requests you can request another party to make certain their position on certain facts or situations related to the case. They typically come in the form of enumerated sentences or descriptions of events. Responses to such a request can take the form of an admission or a denial. They can also be yes or no, true or false, but the point is always the same. The party seeking answers is trying to verify which facts are actually in contention in the case. This is actually a much more important tool in litigation than might originally appear. Sifting through the contested facts and circumstances to get to a set that are agreed on by both parties allows the court to get a better picture of the events that led to the litigation.

Request for Interrogatories

Interrogatories are slightly different from requests of admissions in that instead of admitting or denying specific things, they are requested to give an answer to a specific question. It is not that they are admitting anything, they are simply answering a question about a fact. A common question in an interrogatory requests that the responding party provide their account of the event or circumstances that gave rise to the litigation. That is the difference: In an interrogatory, you are giving an account or description of the events that eventually lead up to the litigation, or providing information about the parties involved, not admitting or denying whether those certain things happened, or about whether they happened in a certain way. The party responding only needs to respond to things that they have actual knowledge of, or can acquire the information through a reasonable search.

Request for Production

This is the more commonly known form of discovery. Once requested, the other side is required to compile information that they have and hand it over to the other side. This is usually done by both parties in a civil suit, and sometimes it is supplemented when new information is discovered. As always, there are certain privileges and exclusions that can apply to production requests. The requests have to be reasonably specific so that the other party knows what to prepare and hand over. When making an objection or asserting a privilege to production, it must be done in regards to a specific request, in writing, and state the legal and factual bases for the objection so that the other party knows what you are trying to withhold and why.

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  1. Request for Disclosure

Disclosure is a bit like an interrogatory in that there is a series of enumerated requests and questions to answer on a standardized form, but they usually aren’t as involved as interrogatories. Disclosure requests usually ask for the names and addresses of parties or persons with relevant information (witnesses, experts). For experts they request to know the information the expert will testifying to, and the information or documents they will be referencing. Disclosure requests will also contain requests for legal theories the party will be using at trial.

Responses

According to the Texas Rules of Civil Procedure, responses must be served on the requesting party within 30 days after having been served. However, if the request is received before the Defendant’s answer is due, such as being served with everything at once (notice of the suit, and request for disclosure, etc… at the same time). In that case, the response is not due until 50 days after service of the request. (Tex .R. Civ. P. 194.3, 196.2(a), 197.2(a), 198.2(a)).

Each type of response has its own procedural rules governing what the “content” of each type of response should be. For instance, the Texas rules for an interrogatory state that the response should include “the parties answers … and may include objections and assertions of privilege.” Tex. R. Civ. P. 197.2(b). But it also provides an option to produce certain records if the “burden” is substantially the same for either party to derive or ascertain the information from public record, responding party’s business records or a compilation of the business records. Tex. R. Civ. P. 197.2(c). This means that if the information is just as easily obtainable by the other party through the public record or the business records, the responding party can just provide that information and have the other party find it in the record. But you cannot just send the party on a wild goose chase through thousands of pages of documents. The answer that the requesting party sought must be “specified in sufficient detail” to allow them to find the information as easy as it would have been for the party who gave up the information.

Conclusion

It is important to understand that discovery is a broad term with broad goals. The concept of discovery encompasses many different types of information. The rules in Texas are meant to organize a broad and complicated process into a streamlined, understandable, and cost-efficient tool for both sides of the litigation. Knowing the what and how of the response is pivotal to providing the correct information to the other side. Understanding what can be objected to, or what could be privileged is paramount to the case. With discovery, it is about having a keen eye. A keen eye that is fixed on the minutia of the question or request, but also on the bigger picture of the litigation at hand.

FAQs

What is the meaning behind the movie discovery? ›

Thomas recollects the events like a dream. Right after, Thomas realizes that the afterlife is not a different plane of existence but a different plane of “this” existence, that people wouldn't just have to accept their biggest regret. In the afterlife, they could change it.

What happens in the discovery? ›

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

Where was the discovery filmed? ›

Filmed at Newport Hospital in Newport, Rhode Island.

Where was the discovery with Robert Redford filmed? ›

Starring Jason Segel, Rooney Mara, Robert Redford, Jesse Plemon, Riley Keough and Ron Canada; The Discovery was filmed on the campus of Salve Regina University, Newport Hospital and in several other locations throughout Newport, Rhode Island.

What was the afterlife in The Discovery? ›

In “The Discovery,” we are introduced to Dr. Thomas Harbor (Robert Redford), a physicist possessing scientific proof that something — subatomic particles, wavelengths, a soul — leaves the body upon death and travels to a new plane of existence.

Why did Netflix remove Discovery? ›

Deadline reported details of the move, writing: “In a just-closed deal between ViacomCBS and Netflix, the Shari Redstone-controlled company has ended the lucrative financial arrangement that launched Discovery back in 2017.

Why is discovery so important? ›

Discovery research gives scientists the opportunity to take the risks needed to tackle the unknown – mistakes are part of the learning curve. The data that scientists generate guides new research endeavours to finding cures for diseases or lifestyle-improving applications.

How do I prepare for discovery? ›

Tips for your Examination for Discovery
  1. Inform yourself of the relevant facts. It pays to be knowledgeable about your case and the relevant facts. ...
  2. Tell the truth. ...
  3. Your evidence will be used against you. ...
  4. Listen carefully. ...
  5. Do not guess. ...
  6. Think before you speak. ...
  7. Avoid absolutes like “Always” and “Never” ...
  8. Verbal answers only.
7 Apr 2021

What are the three forms of discovery? ›

The three forms of discovery are:
  • Written - This form of discovery takes place on paper. ...
  • Document Production - This form of discovery involves an exchange of documents. ...
  • Oral - Sometimes known as depositions, this form of discovery allows parties to gain sworn statements from involved individuals.

Was Discovery Cancelled? ›

Star Trek: Discovery was officially renewed for season 5 in January 2022, with the series continuing to be one of the top performers on streaming service Paramount Plus.

Who is the glasses guy in discovery? ›

Background information. Kovich was portrayed by David Cronenberg. Kovich's name was revealed in promotional materials for Star Trek: Discovery, but was not confirmed in dialogue until DIS: "All Is Possible".

Who is behind the DMA on Discovery? ›

Initially believed to be a natural phenomenon, it was later discovered to be an artificial construct created by a party termed by Federation Security as "Unknown Species 10-C".

How many acres is Robert Redford's ranch? ›

In the heart of Utah's horse country, acclaimed actor, director, and producer Robert Redford has left parts of his own there. After nearly 25 years, the Sundance Kid sold his captivating 30-acre horse ranch for $6.5 million (July 2021).

Where is Robert Redford's Horse ranch? ›

Known as Horse Whisper Ranch, the property was named after Redford's 1998 movie The Horse Whisperer, and can be found in Charleston, Utah.

Is the discovery scary? ›

It's frightening. Much of the mystery of the film remains intact. It's meant to destabilize one's sense of reality and certainty. "The Discovery" shares many of these elements, but it's a far more ambitious film, taking place on a grander scale.

What has happened to Monday? ›

What Happened to Monday (known in several territories as Seven Sisters) is a 2017 dystopian science-fiction action thriller film directed by Tommy Wirkola and written by Max Botkin and Kerry Williamson. The film stars Noomi Rapace, Glenn Close and Willem Dafoe.

How it will end movie? ›

How It Ends is a 2018 American action thriller film directed by David M.
...
How It Ends (2018 film)
How It Ends
Produced byPaul Schiff Tai Duncan Kelly McCormick Patrick Newall
StarringTheo James Forest Whitaker Grace Dove Kat Graham Mark O'Brien
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When was the discovery filmed? ›

The Discovery is a 2017 British-American romantic science fiction film, directed by Charlie McDowell from a screenplay by himself and Justin Lader.

What is Netflix getting rid of in 2022? ›

The streaming service will no longer be the home for cherished TV series, including “Quantico,” “Saved by the Bell,” “Gotham” and “Dark Matter.” Netflix will also scrap classic titles, like “Catch Me If You Can,” “Mean Girls,” “Taxi Driver,” “Dirty Harry” and “Dumb and Dumber.”

Is Netflix getting deleted in 2022? ›

Unless Netflix merges with another service, there is no guarantee of Netflix Originals being available anywhere else. If they are, then the subscriber will have a replacement service for Netflix. With all this being said, please keep in mind that Netflix is not getting deleted in 2022.

What will Netflix remove in 2022? ›

What is leaving Netflix in October 2022?
  • 10,000 B.C.
  • 26 Years.
  • 3 Ninjas: Kick Back.
  • 6 Bullets.
  • Agyaat.
  • Anjaan.
  • Argo.
1 Oct 2022

What kind of questions are asked in discovery? ›

Discovery questions are questions you ask a prospect to gauge whether or not they are a good fit for your product or service. These questions should be open-ended and focus on the prospect's obstacles, processes, and goals as they relate to the product or service you are offering.

How long does it take discovery to pay a claim? ›

Payment of claims

Cash claims and claims payable to members are paid weekly. To update your debit order or your claims payments banking details, please log in. You will receive an OTP (one-time PIN) that will be sent to the registered cellphone number or email address we have on system.

How long does a discovery take? ›

After filing the lawsuit, you may face trial within eight to nine months. However, the discovery phase may be completed in as little as four or five months. Due to the rapid turnaround time, lawyers need to collect considerable evidence as quickly as possible.

What is an example of a discovery? ›

A discovery is recognizing something that already exists for the first time, that nobody has found before, e.g. how Christopher Columbus discovered the Americas.

What are the 4 types of discovery? ›

As a rule, four types of discovery are identified. These include deposition, interrogatories, production of documents, and physical or mental examinations (Crain et al. 138).

What are the two key elements of discovery? ›

The Discovery phase consists of two key elements: Planning for collection to ensure that information is collected, managed, and shared in a systematic and deliberate manner. Collecting data using a variety of methods.

Why is HBO canceled so many shows? ›

There's a myriad of reasons why HBO Max is removing shows like “Generation,” “Infinity Train,” “Vinyl,” and “The Not-Too-Late Show with Elmo.” But it breaks down to three key areas: cost-cutting, a shift in the overall content strategy and ridding the service of content that subscribers weren't watching.

Why did HBO merge with Discovery? ›

The HBO Max and Discovery Plus merger aims to cut subscriber losses with a broad offering that has “something for everyone in the household,” said Jean-Briac Perrette, Warner Bros. Discovery's global streaming chief.

Is Discovery stuck in the future? ›

Michael Burnham and her crew are now stranded 900 years in the future. Stranded 900 years in the future, the crew of the U.S.S. Discovery are officially free from the constraints of classic Star Trek canon.

Why did Tilly leave Discovery Series? ›

Sylvia Tilly left the USS Discovery for a job at the new Starfleet Academy in the fourth episode of season four, it was promised she would be back. That promise was fulfilled in last week's season finale, and Wiseman is talking about her return.

Why is her name Michael in Discovery? ›

Series creator Bryan Fuller deliberately gave Martin-Green's character a traditionally male name, which he had done with the female leads (George, Jaye and Chuck) in three of his previous series. Martin-Green decided that the character was named after her father.

Who is the villain in Discovery season 4? ›

There's just that unshakeable feeling, though, that Tarka was always destined to break bad, if he wasn't already bad the whole time. To see Tarka become Season 4's main antagonist, Star Trek: Discovery releases new episodes Thursdays on Paramount+.

Does Earth get destroyed in Discovery? ›

Earth has rebuilt itself after The Burn, but has come under heavy attack from raiders looking to steal any remaining dilithium and other resources. Ndoye makes it clear that Earth has continually had to fight for anything they've had since The Burn.

Is Picard and Discovery linked? ›

Star Trek's Discovery and Picard are now linked thanks to one plot point.

Will Earth rejoin the Federation? ›

After more than a century away, Earth has agreed to rejoin the Federation. And formally announcing their return, its President arrives to let Starfleet know.

What is the message behind Almost Famous? ›

The film "Almost Famous" recently turned 20. Writer and director Cameron Crowe looks at the ecosystem surrounding a rising rock band in the early '70s. It's a coming-of-age story that touches on journalism, sex, rock 'n' roll, parenthood and the perils of trying to be cool.

What is the meaning of Discovery Channel? ›

The Discovery Channel means the basic programming service consisting primarily of documentary, science and nature programming produced by DCI for carriage on cable television systems.

What is the true story behind the movie A Matter of Justice? ›

This is the true story of Marine CPL Chris Randall Brown (b. May 26, 1960) who was murdered on September 2, 1982 by fellow Marine, PVT Ralph "Rocky" G. Jackson. CPL Brown was 21-years old.

Is based on a true story meaning? ›

"Based on" a True Story

If you are writing a movie that is Based on a True Story, the expectations are that the characters, storylines, and a majority of the scenes that you present within the script are primarily based on actual occurrences.

Is Almost Famous inappropriate? ›

Some moderate expletives, including "f--k," "s--t," "d--k," and "p---y." These rock musicians on the road in the 1970s engage in all the bad behavior you might expect -- drinking, casual sex, drugs -- but the behavior is never glorified and is shown to be self-destructive.

Who is Penny Lane based off of in Almost Famous? ›

Even Kate Hudson's character, Penny Lane, is based on a real person. Pennie Ann Trumbull, also known as Pennie Lane, was a lead groupie in the 1970s just like the Almost Famous character. She's a friend of Cameron's, although we don't know exactly what their relationship was like in the '70s.

Was there a real Penny Lane from Almost Famous? ›

The character Penny Lane is based on two women who were linked with rock stars in the mid seventies, Pennie Lane AKA Pennie Trumble and, to a lesser extent, Bebe Buell. Bebe Buell was a former Playboy Playmate who had relationships with Todd Rundgren, Iggy Pop, Mick Jagger, Jimmy Page and Steven Tyler.

What is the importance of discovery? ›

Discovery research gives scientists the opportunity to take the risks needed to tackle the unknown – mistakes are part of the learning curve. The data that scientists generate guides new research endeavours to finding cures for diseases or lifestyle-improving applications.

What is the difference between Discovery Channel and discovery? ›

The primary difference between Discovery Plus and Discovery Go is the fact that Discovery Plus is an independent platform that does not require you to have a television subscription. For Discovery Go you have to have a cable or satellite television subscription pack with the Discovery network channels on it.

How do you use discovery? ›

How to Stream to Your TV
  1. Make sure both your devices are turned on and connected to the same Wi-Fi network.
  2. Launch discovery+, select a video to watch, then tap the AirPlay icon on the top right corner of your device screen.
  3. Select the TV you want to connect to.

What was the matter with Jack Elam's eye? ›

Elam's portrayals of sinister thugs, gangsters and gunslingers were aided immeasurably by his squinty, wandering left eye. He had lost vision in the eye at age 12 when a fellow Boy Scout jabbed him with a pencil during a scuffle at a troop meeting. Elam had no control over his wandering eye.

Is the movie Final Justice based on a true story? ›

Final Justice: The True Story of the Richest Man Ever Tried for Murder.

Is Brotherhood of justice based on a true story? ›

The Brotherhood of Justice is based on true events which occured in 1985 at R.L. Paschel High School, a Texas High School. The gang was called The Legion of Doom, and although the movie doesn't depict it, a coach was involved who backed the gang.

What is a story that isn't true called? ›

fiction. noun. a report, story, or explanation that is not true.

What is it called when a story isn't true? ›

adjective. An apocryphal story is one which is probably not true or did not happen, but which may give a true picture of someone or something. This may well be an apocryphal story. There are various other versions of this -- probably apocryphal -- story.

What is a real story called? ›

"Nonfiction" refers to literature based in fact. It is the broadest category of literature.

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