Pure Bill of Discovery – NOT for Purposes of Fishing Expedition

In unique and limited equitable circumstances, a party can file a lawsuit for what is referred to as a pure bill of discovery. “In the absence of an adequate legal remedy, equity has long authorized a pure bill of discovery as an appropriate remedy to obtain information such as the identity of a proper party defendant or the appropriate legal theory for relief.” A bill of discovery may also be used “to obtain information necessary for meeting a condition precedent to filing suit.” However, this Court has made clear that a pure bill of discovery does not lie “to substantiate one's...

19 June

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Note on Discovery in Litigation

Posted by David Adelstein

in Discovery, Evidence

Here is a quick note on discovery in litigation (e.g., document requests, depositions, interrogatories). An objective of discovery is to discover information that is reasonably calculated to lead to the discovery of admissible evidence. In other words, just because the discovery appears irrelevant does not necessarily mean that pursuing such discovery will not reasonably lead to the discovery of admissible evidence. By taking a more liberal approach to the discovery process, hopefully, some of the unfortunate gamesmanship that occurs during discovery is eliminated or reduced. In particular, parties should not be able to unilaterally dictate what they believe is relevant to...