The Law of Discovery, 1912
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Excerpt from The Law of Discovery, 1912: Being a Comprehensive Treatise on the Principles and Practice Relating to Interrogatories, Discovery of Documents and Inspection of Documents in Proceedings in the High Court and County Court
IN this book an attempt has been made to set forth as clearly and succinctly as possible, both the principles which obtain with regard to the administration of Interrogatories, the disclosure of the existence of documents and the inspection of documents in civil proceedings in the High Court and County Court, and the practice or procedure relating to the application of those principles.
Discovery is sought in most actions set down for trial, and the subject-matter of this book is, therefore, one of every-day occurrence. It is also a matter not tree from difficulties, with regard, more especially, to the application of the principles to the particular case under consideration rather than with regard to the actual principles themselves. The fact that the rules which obtain both in the High Court and County Court give the Court a large discretion does not make the task of one who seeks to show in what cases and to what extent discovery will or will not be allowed more easy, as the decision in numerous cases amounts to nothing more than that, under the particular circumstances of the particular case, the Court exercised its discretion in a particular way.
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