discovery

In a general sense, the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acquisition of notice or knowledge of given acts or facts; as, in regard to the "discovery" of fraud affecting the running of the statute of limitations, or the granting of a new trial for newly "discovered" evidence.

International law.

As the foundation for a claim of national ownership or sovereignty, discovery is the finding of a country, continent, or island previously ur> known, or previously known only to its uncivilized inhabitants.

Mining claim.

See mining location

Patent law.

The finding out some substance, mechanical device, improvement, or application, not previously known. It is something less than invention, and may be the result of industry, application, or be perhaps merely fortuitous. A. O. Smith Corporation v. Petroleum Iron Works Co. of Ohio, C.C.A.Ohio, 73 F.2d 531, 538.

Trial practice.

The pre-trial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party's preparation for trial. Under Federal Rules of Civil Procedure (and in states which have adopted rules patterned on such), tools of discovery include: depositions upon oral and written questions, written interrogatories, production of documents or things, permission to enter upon land or other property, physical and mental examinations and requests for admission.

Rules 26-37.

Term generally refers to disclosure by defendant of facts, deeds, documents or other things which are in his exclusive knowledge or possession and which are necessary to party seeking discovery as a part of a cause of action pending, or to be brought in another court, or as evidence of his rights or title in such proceeding. Hardenbergh v. Both, 247 Iowa 153, 73 N.W.2d 103, 106.

In criminal proceedings, "discovery" emphasizes right of defense to obtain access to evidence necessary to prepare its own case. Britton v. State, 44 Wis.2d 109, 170 N.W.2d 785, 789.

Discovery and inspection in federal criminal cases is governed by Fed.R.Crim.P. 16 and 26.2; most states having similar court rule or statutory discovery provisions.

See also deposition

- fishing trip or expedition

- good cause

- inspection

- interrogatories

- Jencks Act or Rule

- perpetuating testimony

- work product rule