The Discovery Stage is one of the most crucial steps in High Court litigation. It is the phase where the court can compel either party—the plaintiff or defendant—to produce all relevant documents or physical evidence requested by the other party. If a party fails to provide the documents voluntarily, the court has the power to enforce disclosure.

The party seeking discovery must request only relevant documents or physical evidence that pertain directly to the case. The court will reject any request for irrelevant material. This ensures that the process remains focused and fair, avoiding the fishing expeditions that sometimes plague litigation.

What is Discovery?

The Discovery Stage is an opportunity for either party involved to obtain critical documentary evidence from the other side. The beauty of discovery lies in its ability to request a wide range of evidence, including:

• Electronic documents (emails, text messages, digital files)
• CCTV footage
• Tangible items (contracts, invoices, photographs, physical objects)

This stage is vital because it gives the claimant a chance to uncover evidence that the other side may be withholding, or it confirms what has been disclosed. 

How to File for Discovery in the High Court

The process for filing for discovery is somewhat similar to the judgment in default of defence procedure. The first step is to seek voluntary discovery from the respondent in writing, precisely listing all the relevant documents or evidence you’re seeking including cctv. This request must be clear, with each piece of evidence categorized accordingly.
The defendant must respond to this request within 28 days of being notified. If they fail to respond or provide the documents voluntarily, you can escalate the matter by seeking a court order via a Notice of Motion.

To request discovery, the plaintiff is required to file three documents at the Central Court Office:

1. Notice of Motion
2. Grounding Affidavit
3. Affidavit of Service

Each of these documents requires payment of stamp duty fees, which can be claimed back from the respondent as part of the legal costs.
Once filed, you must make copies of each document—one for the court, one for the defendant, and one for your own records. The court will stamp your documents and issue a hearing date on the Notice of Motion. The plaintiff is then responsible for serving the documents on the defendant.

What Will Happen at the Discovery Hearing?

The discovery hearing is quite similar to the judgment in default hearing. It focuses only on whether the respondent has failed to comply with the discovery request. The substance of the case itself is not debated during this hearing.
At the hearing, the court will review the relevance of the requested documents and decide whether they should be disclosed. If the judge agrees with the plaintiff’s request, they will issue an order for discovery and set a deadline for the respondent to provide the required documents.
In my case, the judge ordered the respondent to make the discovery within six weeks and awarded me the costs associated with the discovery process.