Discovery," a procedure unique to U.S. litigation

Discovery, a procedure unique to U.S. litigation

Discovery = discovery procedure

In the U.S., when a lawsuit is filed, the parties are required to hold discussions before the court conducts a fact-finding (trial), and a major procedure used in this process is "discovery" or "discovery procedure.

Discovery, a major feature of U.S. civil litigation, is an extremely common procedure in U.S. litigation that allows parties to obtain evidence from the opposing party and third parties. The purpose of this system is to ensure that both plaintiff and defendant correctly recognize the "facts" by conducting discovery and showing each other evidence prior to trial, so that the parties can resolve the matter as much as possible. In fact, 98% of all litigation in the U.S. rarely progresses to the trial stage, and 98% of all cases are either "settled" at the pre-trial stage or terminated by "summary judgment," in which the case is terminated by the court's decision without a jury's verdict.

In other words, since most litigation cases end in "settlement," the goal should be to reach a settlement on terms that are as favorable to the company as possible.

Advantages of Discovery

There are four benefits that plaintiffs and defendants receive from conducting discovery

1. Information and issues are organized, making it easier to reach a settlement
2. Individual plaintiffs can compete on equal footing with large corporations
3. It leads to a reasonable verdict based on objective facts
4. It encourages settlement based on the "party principle," which is part of the American culture.

In litigation in the U.S., the discovery process directly affects the outcome of the case, so mistakes in the handling and submission of documentary evidence during discovery can not only prejudice the case, but in some cases, penalties may be applied. Therefore, litigators need to be aware of the importance of discovery and be fully prepared for it.

Next ＞ Introduction to Discovery: Getting Started