What is the difference between discovery and disclosure in civil litigation?
Discovery and disclosure are two key aspects of civil litigation in New Jersey. Although they are sometimes used interchangeably, they actually have different meanings in the court process. Discovery is the process by which attorneys can obtain information that may help prove or disprove their case. This can include interrogatories, which are written questions that require written responses; requests for production, which request actual documents or other tangible evidence; and depositions, which allow attorneys to ask witnesses questions in a more informal setting. Disclosure, on the other hand, is the process by which parties in a lawsuit have to provide each other with specific types of information and documents related to the case. For example, the parties in a lawsuit would have to disclose all relevant documents related to the case, regardless of whether the documents could help or hurt their case. This is done to allow each side to have a fair trial. In sum, the main difference between discovery and disclosure in civil litigation is that discovery is the process by which attorneys can obtain information and evidence that may help prove or disprove their case, while disclosure is the process by which parties in a lawsuit must provide each other with specific types of information and documents related to the case.
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