Process

Disclosure

Also called: Discovery (older/US usage)

The process by which each party to a court case must show the other side the documents relevant to the dispute.

Definition

Disclosure (formerly called discovery) is the formal process in civil litigation where each party must identify and share with the other side any documents that are relevant to the issues in the case — including documents that may help the other side's case. In England and Wales the main rules are in Part 31 of the Civil Procedure Rules. For smaller cases the rules are simplified under "Basic Disclosure". Failure to disclose a document can lead to it being excluded from evidence or, in serious cases, striking out of the claim.

In practice

Do not delete or alter any document — paper or electronic — once a dispute is in prospect. Destruction of documents after litigation is foreseeable can amount to contempt of court.

Related terms

Evidence Anything used to prove a fact: documents, messages, photos, records or what a witness says. Claim A formal request asking a court to order something, such as payment or the return of property. Witness A person who tells the court what they saw, heard or know. Burden of proof The duty to prove a fact; it usually falls on the person who makes the claim.