Discovery

Discovery is the pre-trial stage of a court claim where both sides must list and exchange documents relevant to the dispute, such as medical records, repair invoices and correspondence with insurers.

It exists so that neither side is ambushed by evidence at trial, and it often narrows what is actually in dispute before the parties reach pre-trial case management and mediation. A well organised claim file makes this stage faster and less stressful.

Documents disclosed at this stage can be used by either side, so it is worth keeping your own records complete and consistent from the start.

A party that fails to disclose a relevant document can face real consequences later, including the document being excluded or the court drawing an unfavourable conclusion.