Legal Definitions - abuse of discovery

Abuse of discovery is when someone misuses or overuses the process of discovery in a legal case. Discovery is when both sides of a case exchange information and evidence before the trial. This helps each side prepare their case and prevents surprises during the trial.

Examples of abuse of discovery include:

• Making requests for information that is not necessary or allowed
• Conducting discovery for an improper purpose, such as to harass or obstruct the other side
• Asking for more discovery than is necessary or appropriate for the case
• Not responding adequately to proper discovery requests

For example, if a plaintiff in a personal injury case requests the defendant's medical records from the past 10 years, even though the injury occurred only 2 years ago, this would be an overbroad request and an abuse of discovery. It is not necessary or relevant to the case.

Another example would be if a defendant in a criminal case requests the victim's personal diary, even though it has nothing to do with the crime they are accused of. This would be an improper request and an abuse of discovery.