When running your case, you may need further information that is contained in documents (electronic or hard copy) that are in the possession or control of your opponent or a third party.  Discovery (or disclosure) does have its challenges in practice, not least of which may be due to the sheer number of documents, many of which are stored electronically, in some proceedings, and the scale of discovery, which can create disproportionate costs to the client/s. The scope of discovery has also been altered with new developments in case law and legislation.  Originally discovery was to avoid costs!  It requires a balancing act between conducting litigation with an "open misere" along with the costs associated with discovery, without diminishing attempting to achieve what is fair and just.  Lets review some simple tips on how to obtain documents by way of Notice to Produce. … [Read more...]