What is the 'discovery rule' in relation to the law?

Answer 1

This answer does not purport to be either a correct answer or a complete one as I'm not an expert in matters legal.

However, from the little bit of research I've done the following points appear to emerge:

1. A party to a legal dispute has a right of appeal to a higher judicial body in case he feels justice is not done to him in a lower court.

2. There is a period of limitation before the expiry of which such appeal has to be made.

3. This period of limitation appears to start running from the date when the aggrieved party comes to know that he is hurt by the lower court's verdict.

4. Now, what are the circumstances that determine the commencement of the time limit (for the period of limitation)?

5. The 'discovery rule' adumbrates that the time starts when the aggrieved party 'discovers' that he is hurt by the lower court's verdict.

6. The 'discovery rule' appears to get influenced by what the intending appellant learns or fails to learn the position of law in respect of his grievance from his advocate.

6. The relationship that exists between the litigant and the advocate is known as 'fiduciary relationship.

7. The nub of the issue is that the 'discovery rule' is dependent on this fiduciary relationship between the litigant and his advocate and the period of limitation is affected by such relationship.

Answer 2

The pleadings are the first substantial step in a legal proceeding. Each party sets out its view of the facts in writing. Discovery is usually the next step, although mediation is becoming more common. The rules of Discovery vary considerably from jurisdiction to jurisdiction. Generally, however, in Discovery each side is allowed to examine, under oath, the other party, and in some jurisdictions some of the other party's witnesses. Some jurisdictions might even allow cross-examination. Discovery is an opportunity to determine the strengths and weaknesses of the other party's case. It is also an opportunity to determine the strengths and weaknesses of one's own case. Discovery is intended to minimize the 'surprises' at trial. It also serves as an incentive to settle the case. Instead of going to trial, after Discovery most cases settle.