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...