This is a Discussion - Please structure like a discussion post and NOT like a paper


6.1 - 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 Reading
Chapters 8, 9, Allen & Finch, An Illustrated Guide to Civil Procedure (2nd Edition, Wolters Kluwer Press) 2011.