What is the difference between discovery and disclosure in civil litigation?

In civil litigation, discovery and disclosure are two of the most important parts of the process. Discovery involves gathering of information and evidence from both sides in order to determine the merits of a case and, if necessary, present the findings at trial. This includes interviews, interrogatories, requests for production of documents, and depositions. Disclosure is when each side in a lawsuit shares information and documents that are relevant to their case. This must be done before the discovery process begins in order to ensure both sides have a fair chance. In some states, disclosure rules and requirements are outlined by the court. The main difference between discovery and disclosure is the timing of the process. Discovery is done after disclosure has taken place and focuses more on gathering in-depth information and evidence. Disclosure is a compulsory step that must take place prior to any discovery process beginning. In New Mexico, the court must also approve and sign any settlement agreement before any discovery or disclosure takes place.

Related FAQs

What is the difference between discovery and disclosure in civil litigation?

Related FAQs

Related Blog Posts