But back then, interrogatories could only elicit admissible evidence (not the broader modern standard of "reasonably calculated to lead to the discovery of admissible evidence") and could only request evidence in support of the plaintiff's case, not either side's case (that is, they could not ask for evidence which the defendant intended to use in support of his defenses and was otherwise entirely irrelevant to the plaintiff's case). Īt some point between the reign of Elizabeth I (1558-1603) and the late seventeenth century, positions were gradually replaced by interrogatories: written questions which the defendant was required to truthfully respond to under oath in his answer to the bill, based on information within his own personal knowledge as well as documents in his possession. Although canonists also looked to Roman law, positiones were unknown to the Romans. The practice of pleading positiones in canon law (which influenced Chancery procedure) had originated with "the practice of the courts of the Italian communes in the early thirteenth century". They strongly resembled modern requests for admissions, in that the defendant was required to plead only whether they were true or false. These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.ĭiscovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Discovery can be obtained from nonparties using subpoenas. ĭiscovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions. district courts, by disposition, 1990–2006.
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