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How Litigation Solicitors Could Help You Understand What Disclosure Means In Civil Litigation?

By Jo M Robinson

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Published: 12Jun2011
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When two people are involved in a civil case where one person may be claiming damages from the other, there is an issue known as disclosure. If you are not familiar with the term disclosure in civil litigation then a litigation solicitor will be able to help you Simply put disclosure in cases of civil litigation simply refers to a formal process where the two parties involved in a case give copies of the documents that they have to each other so that both people are aware of what all the issues are concerning the claim. There are two stages to disclosure in civil litigation and the court gives each person a deadline in which they have to complete that stage.

Your civil litigation solicitor will explain the two stages of disclosure in civil litigation and in the first part of the process, the two people or companies involved in the litigation are required to give each other a list of the different documents that they will be presenting to support their case. Also in the first stage of the disclosure process each party has to allow the other time to inspect all of the disclosed documents that are regarded as non-privileged. While the other party involved in the litigation process can ask to inspect original copies of disclosed documents, it is more often the case that they will be looking at a photocopy of the original.

You will need the advice of your civil litigation solicitor as to what happens next in the disclosure process, but usually, in order for this stage to finish, both people must have copies of all the documents that support their own case, along with copies of all the documents that support the other person's case. There is a list of documents that the people involved in a civil litigation case must disclose. As your civil litigation will tell you these will include everything that you rely on to support your case, the documents that adversely affect your case, the documents that adversely affect the other person's case and the documents you have been directed to disclose by the court.

The law on disclosure in civil litigation only relates to documents and not to materials that might pertain to the case. The required documents are described as any that have information of any description relating to the case and documents may also refer to emails and information on discs as well as audio and video cassettes. You will need the help of a civil litigation solicitor as this wide definition of documents can be confusing.

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