Inquiry into the issues and facts before trial was narrowly confined and often cumbersome in approach. By contrast, the current rules restrict the pleadings to the task of general notice-giving and the entire vital role of trial preparation is placed in the discovery process. Discovery is the principal fact-gathering mechanism in the formal litigation process. Discovery is where, quite often, the pre-trial battles are fought and where the cases are largely won or lost. Consequently, understanding discovery is critical to every litigator.
Federal discovery is usually a self-executing process.
Although discovery is the most highly codified area of the FRCP, for the most part lawyers conduct discovery without judicial approval, participation, or regulation. Moreover, the discovery rules permit discovery tools to be used repeatedly and without any formal sequence. Discovery rules give much leeway to the lawyers before courts need to interfere. Before we study specific discovery tools, lets go over some common rules. HYPO 1 Louie DePalma and Elaine Nardo are involved in a car accident.