Disclosure

What is Disclosure?

Disclosure is when a party provides documents and other information the opposing party requests to reveal relevant details about the case. This exchange helps prevent surprises during trials, promotes settlement negotiations, and ensures a more efficient and just resolution of disputes.

Legal expert Stephen Mason states, “Disclosure is the foundation of fair proceedings, the rule that ensures justice is done.” Failure to comply with disclosure obligations, such as withholding evidence intended to be presented from the other party to the case, can lead to sanctions or adverse inferences against the non-compliant party, emphasizing its critical importance in maintaining the integrity of legal proceedings.

In practice, disclosure can encompass a wide range of materials, including documents, electronic communications, witness statements, expert reports, and other information relevant to the case. In civil litigation, parties are typically required to disclose documents that support or undermine their own case or the case of the other party. In criminal law, disclosure ensures that the accused has access to all evidence held by the prosecution, enabling them to mount a proper defense. Disclosure ensures fairness and transparency in legal proceedings by ensuring both parties have evidence to argue their case properly.