The process of discovery.

In this module, you have learned about the process of discovery. You will now apply this knowledge to research a court case and describe the discovery process, explain how discovery affected discretionary decisions, and describe how discovery influenced proper documentation. First, read two court cases regarding discovery:

Brady v. Maryland, 373 U.S. 83 (1963)
Giles v. Maryland, 386 U.S. 66 (1967)

Next, research a court case in which discovery was a main factor of the case. A great place to start your research is the U.S. Law & Legislature webpage from the Justice Studies research guide in the Shapiro Library. Be sure to cite the case in APA style.

Identify the role discovery played in the case. For example, did the prosecution fail to disclose evidence, or was there egregious discovery conduct and destruction of evidence?

Explain how discovery affected discretionary decisions in the case. Did discovery affect discretionary decisions made by important stakeholders, such as the judge, counsel, or jury?

Last, idescribe how discovery in the case influenced proper documentation. Remember to keep in mind that documentation may include anything from photographic evidence to police reports or court documents.

Specifically, the following rubric criteria must be addressed:

Identify the role discovery played
Explain how discovery affected discretionary decisions
Describe how discovery influenced proper documentation

Full Answer Section

Discretionary Decisions

The Court's decision in Hickman v. Taylor had a significant impact on discretionary decisions in discovery. Prior to the Hickman decision, judges had broad discretion to order the production of documents in discovery. However, after the Hickman decision, judges must balance the need for discovery with the need to protect attorney work product.

In Hickman, the Court held that work product protection is not absolute. A judge may order the production of work product if the party seeking production can show that they have a substantial need for the information and that they cannot obtain it from another source. However, the judge must also carefully consider the interests of the party asserting the work product protection.

Proper Documentation

The Hickman decision also had an impact on proper documentation in discovery. Prior to the Hickman decision, attorneys often prepared documents for discovery with an eye towards keeping them confidential. However, after the Hickman decision, attorneys must be careful to document their work in a way that is clear and concise. This helps to ensure that the judge can understand the nature of the work product and make an informed decision about whether to order its production.

Conclusion

The Hickman decision is a landmark case in the law of discovery. The Court's decision established that attorneys have a work product protection in discovery and that this protection is not absolute. The Court's decision also had a significant impact on discretionary decisions in discovery and on proper documentation.

Sample Answer

Court Case: Hickman v. Taylor, 329 U.S. 495 (1947)

Role of Discovery

In Hickman v. Taylor, the Supreme Court of the United States addressed the issue of whether attorneys have a right to work product protection in discovery. The case arose from a maritime accident in which five crew members died. The attorneys for the deceased crew members sought to compel the production of documents prepared by the attorneys for the shipowner. The shipowner's attorneys objected, claiming that the documents were protected by attorney-client privilege and work product protection.

The Supreme Court held that attorneys have a work product protection in discovery. The Court reasoned that work product protection is necessary to ensure that attorneys can prepare their clients' cases effectively. The Court also held that the scope of work product protection is broad and includes documents prepared in anticipation of litigation.