Discovery conducted before trial to reveal facts and develop evidence. • Modern procedural rules have broadened the scope of pretrial discovery to prevent the parties from surprising each other with evidence at trial. [Cases: Federal Civil Procedure 1261; Pretrial Procedure 14, 25. C.J.S. Discovery §§ 2, 6, 10, 32, 36, 58.]
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pretrial discovery 〈美〉审前披露 案件审理前，当事人依法了解对方所掌握的证据及其他材料以便为审判作准备的程序。包括书面证词〔depositions〕、书面询问〔interrogatories〕、要求承认事实〔requests for admission of fact〕等。
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discovery abuse. 1. The misuse of the discovery process, esp. by making overbroad requests for information that is unnecessary or beyond the scope of permissible disclosure or by conducting discovery for an improper purpose. [Cases: Federal Civil Procedure 1261, 1278; Pretrial Procedure 28. C.J.S. Discovery §§ 2, 6–7, 21.] “The term ‘discovery abuse’ has been
motion to compel discovery. A party’s request that the court force the party’s opponent to respond to the party’s discovery request (as to answer interrogatories or produce documents).Fed. R. Civ. P. 37(a). — Often shortened to motion to compel. — Also termed motion to enforce discovery. [Cases: Federal Civil Procedure 1278; Pretrial Procedure 44, 310,
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Jencks material. Criminal procedure. A prosecution witness’s written or recorded pretrial statement that a criminal defendant, upon filing a motion after the witness has testified, is entitled to have in preparing to cross-examine the witness. • The defense may use a statement of this kind for impeachment purposes. Jencks v. United States, 353 U.S. 657,
discoverable, adj. Subject to pretrial discovery (the defendant’s attorney argued that the defendant’s income-tax returns were not discoverable during the liability phase of the trial). [Cases: Federal Civil Procedure 1272; Pretrial Procedure 27.]
Criminal procedure. A defense witness’s written or recorded pretrial statement that a prosecutor is entitled to have in preparing to cross-examine the witness. • Reverse Jencks material may be obtained during pretrial discovery. Discoverable statements include a witness’s signed or adopted written statement, and transcripts or recordings of the witness’s oral statements, including grand-jury testimony.
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request for admission. Civil procedure. In pretrial discovery, a party’s written factual statement served on another party who must admit, deny, or object to the substance of the statement. • Ordinarily, many requests for admission appear in one document. The admitted statements, along with any statements not denied or objected to, will be treated by
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request for production. Procedure. In pretrial discovery, a party’s written request that another party provide specified documents or other tangible things for inspection and copying. Fed. R. Civ. P. 34. — Abbr. RFP. — Also termed document request; request for production of documents; notice to produce; demand for document inspection. [Cases: Federal Civil Procedure 1551;
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case-management order. A court order designed to control the procedure in a case on the court’s docket, esp. by limiting pretrial discovery. — Abbr. CMO. [Cases: Federal Civil Procedure 1935; Pretrial Procedure 747. C.J.S. Trial § 47.]
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