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ANALYSIS-
Discovery, in the law of the United States and other countries, is a pre-trial procedure in
a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the
other party or parties by means of discovery devices such as a request for answers to
interrogatories, request for production of ...
Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in
which each party, through the law of civil procedure, can obtain evidence from the other party or
parties by means of discovery devices such as a request for answers to interrogatories, request for
production of documents, request for admissions and depositions. Discovery can be obtained from
non-parties using subpoenas. When a discovery request is objected to, the requesting party may
seek the assistance of the court by filing a motion to compel discovery.
disclosure
Definitions (6)
Related Terms
1. Accounting: Statutory or good faith revelation of a material fact (or an item of information that is
not generally known) on a financial statement or in the accompanying notes (footnotes)
A material fact is a fact that would be to a reasonable person germane to the decision to be made
as distinguished from an insignificant, trivial or unimportant detail. [1] In other words, it is a fact which
expression (concealment) would reasonably result in a different decision.
Falsification of a material fact in such a manner that, had the insurance company known the truth, it
would not have insured the risk. Misrepresentation of a material fact gives an insurance company
grounds to rescind a contract.[2]
If material facts about the investment property lying in a floodplain had been communicated to the
buyer, he would not have bought.[2]
Confirmed or validated event, item of information, or state of affairs crucial to the interpretation of a
phenomenon or a subject matter, or to the determination of an issue at hand.
http://www.lectlaw.com/def2/m021.htm
MATERIAL FACT
A fact that would be important to a reasonable person in deciding whether to
engage or not to engage in a particular transaction; an important fact as
distinguished from some unimportant or trivial detail.
A material fact is one which might affect the outcome of the case under
governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
To preclude summary judgment, the dispute about a material fact must also
be "genuine," such that a reasonable jury could find in favor of the non-
moving party. Id.
MATERIALITY
That which is important; that which is not merely of form but of substance.
When a bill-an written assertion of competent regard for either stioulate-d
anyone-s idea of so called: discovery-- has either been defiled or filed, for
example, the defendant must answer every material fact which is charged in
the bill, and the test in these cases seems to be that when, if the defendant
should answer in the affirmative, his answer would be of use to the plaintiff,
the answer would be material, and it must be made. In order to convict a
witness of a perjury, it is requisite to prove that the matter he swore to was
material to the question then depending.
Interrogatory
In a civil action, an interrogatory is a list of questions one party sends to
another as part of the discovery process. The recipient must answer the
questions under oath and according to the case's schedule. Because
attorneys may help their clients answer interrogatories, interrogatory
responses tend to be more finely crafted than answers
to deposition questions. The number of questions included in an
interrogatory is usually limited by court rule. For example, under the Federal
Rules of Civil Procedure, each party may only ask each other party 25
questions via interrogatory unless the court gives permission to ask more.
See Rule 33.
interrogatories
n. a set of written questions to a party to a lawsuit asked by the
opposing party as part of the pre-trial discovery process. These
questions must be answered in writing under oath or under penalty
of perjury within a specified time (such as 30 days). Several states
ask basic "form" interrogatories on a printed form, with an
allowance for "supplemental" interrogatories specifically relevant to
the lawsuit. Normal practice is for the lawyers to prepare the
questions and for the answering party to have help from his/her/its
attorney in understanding the meaning (sometimes hidden) of the
questions and to avoid wording in his/her answers which could be
interpreted against the party answering. Objections as to relevancy
or clarity may be raised either at the time the interrogatories are
answered or when they are used in trial. Most states limit the
number of interrogatories that may be asked without the court's
permission to keep the questions from being a means of oppression
rather than a source of information. While useful in getting basic
information, they are much easier to ask than answer and are often
intentionally burdensome. In addition the parties may request
depositions (pre-trial questioning in front of a court reporter) or
send "requests for admissions" which must be answered in writing
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