Discovery Rule - Law Dictionary Search Results
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discovery rule : a rule in tort law: the statute of limitations for a cause of action does not begin to run until the time that the injured party discovers or reasonably should have discovered the injury ...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
work product doctrine
work product doctrine : a doctrine or rule that protects an attorney's work product from discovery called also work product rule NOTE: This doctrine applies to work product of all kinds, but it may be waived for certain materials (as documents) if the party seeking discovery shows that it has a substantial need of the materials in preparing its own case and that it is unable without undue hardship to obtain the substantial equivalent of the materials by other means. ...
discover
discover 1 : to find out about, recognize, or realize for the first time [when the victim s the fraud] see also discovery rule 2 a : to make the subject of discovery b : to learn of or obtain (information) through discovery dis·cov·er·able adj ...
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
Low visibility rules
Low visibility rules, these are rules of law which are made inaccessible to the public. Generally these are obscure laws, with far reaching powers and which infringe fundamental rights and those which the state does not wish to publicize. 'Fundamental rights cease to be viable if laws calculated to constrict their sweep are withheld from public access; and the freedoms under Art. 19(1) cannot be restricted by hidden or 'low visibility rules' beyond discovery by fair search. ' [Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 (1721), para 93] - here reference is made to the Punjab Jail Manual which was not made available to prisoners and was priced so high that few could buy. (Justice V.R. Krishna Iyer)...
deposition
deposition [Late Latin depositio testimony, from Latin, act of depositing, from deponere to put down, deposit] 1 a : a statement that is made under oath by a party or witness (as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (as a court reporter) ;broadly : affidavit b : the certified document recording such a statement compare interrogatory 2 : the hearing at which a deposition is made [order that the testimony at a be recorded by other than stenographic means "Federal Rules of Civil Procedure Rule 38(b)"] NOTE: A deposition can be used as a method of discovery, to preserve the testimony of a witness who is likely to become unavailable for trial, or for impeachment of testimony at trial. Depositions are distinguished from affidavits by the requirement that notice and an opportunity to cross-examine the deponent must be given to the other party. ...
Claim in equity
Claim in equity. In simple cases, where there was not any great conflict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was nevertheless necessary before final decree, which would be as of course, all parties being before the court, the summary proceeding by claim was sometimes adopted, thus obviating the recourse to plenary and protracted pleadings. This summary practice was created by Orders 22nd April, 1850, which came into operation on the 22nd May following. By Order VIII., Rule 4 of Consolid. Ord. 1860, claims were abolished....
Interrogatories
Interrogatories, written questions addressed on behalf of one party to a cause, before the trial thereof, to the other party, who is bound to answer them in writing upon oath.In the Courts of Equity either party could from very early times interrogate the other. In the Courts of Law this power was first given by the (English) Common Law Procedure Act, 1854, s. 51, which, however, only allowed it to be exercised by leave of the Court or a judge. Under the present practice interrogatories can only be administered in the High Court by leave of the Court, i.e., a Master at Chambers, and the particular questions proposed to be asked must be submitted for his approval; a sum, generally 5l., may be ordered to be paid into Court as security for costs. See R.S.C. 1883, Ord. XXXI., and consult Bray or Ross on Discovery. As to interrogatories in the County Courts, see C.C. Rules, 1903, Ord. XVI. An order for interrogatories cannot be made in an arbitration under the (English) Workmen's Compensati...
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