Disclosure Proposal Reports

A court/tribunal will normally order the parties, at an early stage of the litigation, to disclose - i.e. tell each other - which documents they will or might be using at the trial. In addition the court/tribunal will typically order each party to search for and disclose additional documents - so that the other side can rely on any of those additional documents at trial if it wishes to do so. 

When ordering parties to disclose documents the court/tribunal may directly identify the documents to be disclosed by describing them:

"Mr Smith must disclose all invoices sent to Mr Jones between between 1/1/1998 and 31/12/2004"

or the court/tribunal may identify the documents to be disclosed indirectly by reference to an issue in dispute:

"Mr Smith must disclose all documents which are or have been in his control which support or undermine his contention that a completion date of 1st November was agreed for completion of the building work."   

The court/tribunal may also authorise the use of data culling measures at the point of document collection, such as date ranges and keyword searches, to limit the number of documents which the disclosing party then has  to review.

Before deciding what orders to make the court/tribunal will normally give each party an opportunity to make proposals as to what should be ordered - i.e. what the other side should be ordered to search for and disclose, and what they themselves should be ordered to search for and disclose. The court/tribunal will generally order the parties to provide in advance a report providing some background information about how many and what type of documents exist, together with its proposals for the order to be made, and the possible expense for each party of complying with the order proposed which applies to them. The exact requirements for the report will depend on which court or tribunal it is.


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This page was lasted updated in December 2018. Disclaimer