Introduction to Discovery: Introduction
2020/2/27
Introduction to Discovery (1/7): Don't leave the choice of discovery vendor to others!
2020/2/27
Proceedings peculiar to US proceedings "Discovery"
■ Discovery = Discovery procedure
In the United States, when a proceeding is filed, it is required that the parties have a forum for discussion before the trial is conducted by the court, but the major procedure performed here is "discovery", that is, "discovery of evidence". Procedure ".
Discovery, which is a major feature of US civil proceedings, is one of the most common procedures in US proceedings, in which the parties obtain evidence from the other party and a third party.The purpose of this system is for both the plaintiff and the defendant to correctly recognize the "facts" and resolve them as much as possible by conducting discovery and showing evidence before the trial.In fact, in proceedings in the United States, it is rare to proceed to a trial, and either "reconcile" at the pre-trial stage or terminate the proceeding at the court's discretion without the need for a jury verdict. Cases concluded by "summary judgment" account for 98% of the total.
In other words, most litigation cases end in a "reconciliation," so you should aim to bring them into a settlement on terms that are as favorable to your company as possible.
■ Benefits of discovery
There are four benefits to plaintiffs and defendants by conducting discovery.
- Information and issues are organized, making it easier to reach a settlement
- If the individual is a plaintiff, he can compete with large corporations on an equal footing.
- Leads to a rational verdict based on objective facts
- Prompts for a solution in the American culture of "adversarial system"
In U.S. proceedings, the procedure of discovery directly affects the course of the proceedings, so if you make a mistake in handling or submitting evidence documents for the discovery work, not only will the proceedings be disadvantageous, but penalties may be applied in some cases. There is also.Therefore, litigants need to be aware of the importance of discovery and be prepared for it.
