Discussion 6.1

Instructions

This is a Discussion - Please structure like a discussion post and NOT like a paper6.1 - Discussion Assignment: Establishing Claims or Defenses Through the Process of Discovery (25 points):In your initial discussion:Once the case has been filed and the defenses established, both parties begin what is known as a process of discovery. Discovery is a means for both sides to avoid surprises at trial by asking and answering questions of each other, under oath and in from of a recorder to make a record of the process.Discuss whether this disclosure and discovery process takes all the fun out of a trial. Requiring both parties to disclose potential witnesses and then allowing the recorded interview of these witnesses prior to trial seems to remove any of the tactical edge of surprise. Is that why we allow this process to happen?Required ReadingChapters 8, 9, Allen & Finch, An Illustrated Guide to Civil Procedure (2nd Edition, Wolters Kluwer Press) 2011.

Answer

Discussion 6.1Although the process of discovery is aimed at avoiding any surprises which may be noted during trial, it takes out all the fun which might, otherwise, be obtained from it. For the most part, discovery reduces the ability of both sides having and advantage over the other party. The disclosure process is normally thorough (Allenet al.,2016). Thus, there is the lack the ability to make preparations which are not known by the other. Therefore, all parties need to contend with the idea that all the information they have might be well-known to the other party. They, therefore, need to establish the best mechanisms through which they present the information in a bid to attain an advantage over the other party.The process of disclosure also creates less fun, especially on the part of...
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