What is disclosure?
Disclosure is the process in litigation where both parties to that litigation reveal the relevant documents that are in their possession
What is electronic disclosure?
Electronic disclosure is the same process as disclosure, save that it relates to disclosing the documents that are held electronically.
When does disclosure happen in the litigation process?
Disclosure will happen at the stage of proceedings prior to exchange of witness evidence; the whole purpose being that both parties can see relevant documentation in the other parties possession and they can prepare their witness evidence having seen that documentation.
Why is e-disclosure so important now?
It’s very important from the perspective of saving costs in litigation and achieving what is known as the overriding objective, which is the fundamental rule that parties to litigation must comply with.
What is the main step in the e-disclosure process?
The primary step is the preparation of a disclosure report which both parties exchange and which sets out the parameters of disclosure, for example what types of documents are both parties going to look for, where will they be located and what keyword searches will they apply.
What help do you need for the e-disclosure process?
It’s hugely important you have a reliable e-disclosure provider to assist you with the process. It’s not suitable to be left to the client to do, and the important thing here is that the solicitors, as officers of the court, have overall responsibility to ensure that the process is dealt with properly.
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The information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by berg or any of its partners or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.