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DISCOVERY BY DISCLOSURE AND INSPECTION (Meaning (A process of finding out…
DISCOVERY BY
DISCLOSURE AND INSPECTION
Meaning
A process of finding out material facts and documents from an adversary
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To avoid expenses in proving admitted facts
Purpose
To prevent delay
To reduce the costs of litigation
To eliminate suprise at or before trial, relating to documentary evidence
To provide the basis for the fair disposal of the proceedings before or at trial
Introduction
a. Discovery is not an automatic process as it must be directed by the court and usually will be dealt with at first case management stage
b. Powers of the court to make an order of discovery
Rotta Research Laboratarium Spa Ho Tack Sien
Discovery is not a matter of right but on one in the court’s discretion
c. Documents which are or have been in his possession, custody or power
d. At any time in the course of proceedings
e. Affidavit verifying the list of documents
f. Documents that are subject to the process of discovery