Focus (Forum & Focus)
Jun. 27, 2007
Discovery: Trial by Attrition
Forum Column - By Richard M. Coleman - Discovery started as a way to avoid legal ambushes; now, it's a strategic tool for lawyers.
By Richard M. Coleman
The discovery system was introduced in order to cure the perceived injustices of what was known as "trial by ambush," in which surprise evidence was introduced and carried the day. If the surprised party had time, he likely could have shown the fallacy of what was introduced or found evidence to counter it. He did not have the time, and he lost. Thus, trial by ambush.
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