Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Discovery
n. 1. The act or process of finding or learning something that was previously unknown <after making the discovery, the inventor immediately applied for a patent>. 2. Compulsory disclosure, at a party's request, of information that relates to the litigation <the plaintiff filed a motion to compel discovery>. ( The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production. Although discovery typically comes from parties, courts also allow limited discovery from nonparties. 3. The facts or documents disclosed <the new associate spent all her time reviewing discovery>. -discover, vb. - discoverable, adj."Discovery has broad scope. According to Federal Rule 26, which is the model in modern procedural codes, inquiry may be made into 'any matter, not privileged, that is relevant to the subject matter of the action.' Thus, discovery may be had of facts incid
abuse of discovery
See DISCOVERY ABUSE.
bill of discovery.
A bill in equity seeking disclosure of facts within the adverse party's knowledge. See DISCOVERY.
discovery abuse.
1. The misuse of the discovery process, esp. by making overbroad requests for information that is unnecessary or beyond the scope of permissible disclosure. 2. The failure to respond adequately to proper discovery requests. - Also termed abuse of discovery."The term 'discovery abuse' has been used as if it were a single concept, but it includes several different things. Thus, it is useful to subdivide 'abuse' into 'misuse' and 'overuse.' What is referred to as 'misuse' would include not only direct violatio
discovery immunity
A (usu. statutory) prohibition that excludes certain documents or information from discovery.
discovery policy
See claims-made policy.
discovery rule.
Civil procedure. The rule that a limitations period does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury giving rise to the claim. ( The discovery rule usu. applies to injuries that are inherently difficult to detect, such as those resulting from medical malpractice. See STATUTE OF LIMITATIONS. Cf. OCCUR. RENCE RULE.
discovery vein
The primary vein for the purpose of locating a mining claim.
inadvertent discovery
Criminal procedure. A law-enforcement officer's unexpected finding of incriminating evidence in plain view. ( Even though this type of evidence is obtained without a warrant, it can be used against the accused under the plain-view exception to the warrant requirement.
inevitable-discovery rule
Criminal procedure. The rule providing - as an exception to the fruit-of-the-poisonous-tree doctrine - that evidence obtained by illegal means may nonetheless be admissible if the prosecution can show that the evidence would eventually have been legally obtained anyway. See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. Cf INDEPENDENTSOURCE RULE.
motion to compel discovery
A party's request that the court force the party's opponent to respond to the party's discovery request (as to answer interrogatories or produce documents). Fed. R. Civ. P. 37(x). - Often shortened to motion to compel. - Also termed motion to enforce discovery.
motion to enforce discovery
See MOTION TO COMPEL DISCOVERY.
postjudgment discovery
Discovery conducted after judgment has been rendered, usu. to determine the nature of the judgment debtor's assets or to obtain testimony for use in future proceedings. - Also termed posttrial discovery.
posttrial discovery
See postjudgment discou ery under DISCOVERY.
pretrial discovery
See DISCOVERY.