Discovery practices include deposing (questioning under oath) of other parties and witnesses ;written questions answered under oath by the opposite party \ compulsory physical examinations by doctors chosen by the other party in personal injury cases! orders for the production of documents and serving of demands by one party on the other to admit facts under oath. These procedures allow a party to learn not only about matters that may be used as evidence, but also about matters that may lead to the discovery of evidence.

The court usually takes no part in discovery procedures. However 9 if one party feels the other is making improper discovery request, or is not reasonably responding to discovery requests, he may make a motion to the court and ask that the violating party be ordered to obey the discovery rules.

Discovery serves at least two purposes. First, it takes the surprise element out of litigation and ensures that the results of lawsuits are based on the merits of the controversy rather than on the ability or skill of counsel.2 Second 9 discovery encourages settlement by making all evidence available to both parties and by making each side fully aware of the strengths and weaknesses of both sides.3 At the end of discovery, a pretrial conference between the lawyers and the judge is usually held. At this conference the pleadings, results of discovery, and probable evidence are reviewed in an attempt to settle the suit. The issues may be further narrowed, and the judge may even predict the outcome in order to encourage settlement. Today, a very substantial number of all lawsuits that are filed are settled sometime prior to trial. Discovery procedures contribute significantly to these settlements.

Discovery also helps make summary judgment a viable and fair procedure，because it enables a party to find out issues on whicK the opposing party has no evidence.4 Thus, if a party finds that an issue that is decisive of the case does not. exist, he may make a motion for summary judgment. This motion can be supported by affidavits and depositions gathered during discovery. It asks the court to decide the case in the mover’s favor by showing that the opposing party does not have any admissible evidence to support his position on the issue at trial.5 Summary judgment saves the parties the trouble of going to trial.

Answer the following questions :
1. What are the main techniques of discovery?
2. Is discovery limited only to matters that may be used as evidence?
3. What is the role of the court in discovery? What if a party violates discovery rules?
4. What purposes does discovery serve?
5. What usually follows discovery?
6. What is the purpose of pre-trial conferences?
7. What are summary judgments?
8. Under what circumstances will a party make a motion for summary judgment?
9. What must the party making a motion for summary judgment prove? How does he prove it?
10. What is the purpose of summary judgments?