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Differences between e-Discovery and e-Disclosure?

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(@cfunn)
Eminent Member
Joined: 17 years ago
Posts: 20
Topic starter  

Hi all,

I am doing some research at the minute and I am a bit stuck with this. Can anyone explain the difference between e-Discovery and e-Disclosure? There seems to be alot of confusion between these two with alot of websites saying the same thing but for the other term . I was just wondering if anyone could provide a definate difference or differences between these two terms?

Thanks

CF@UNN


   
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(@kovar)
Prominent Member
Joined: 18 years ago
Posts: 805
 

Greetings,

I'd not heard of e-disclosure until you mentioned it. It appears to be a term used most often by government agencies to cover self-reporting via electronic means of violations of Federal regulations.

I also found a few blogs that used "ediscovery/edisclosure" as if the terms were interchangeable.

If I used "edisclosure" instead of "ediscovery" my colleagues and clients would not know what I was talking about.

-David


   
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(@douglasbrush)
Prominent Member
Joined: 16 years ago
Posts: 812
 

I can see it meant in a situation of litigation readiness or at meet and confers maybe as a possibility. Other than that I do do not really hear of the term. Is there a context in which you can reference?


   
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(@roncufley)
Estimable Member
Joined: 21 years ago
Posts: 161
 

In English Courts what used to be called discovery is now, with the Civil Procedure Rules, called disclosure.


   
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Beetle
(@beetle)
Reputable Member
Joined: 17 years ago
Posts: 318
 

My experience is that disclosure is the provision by opposing counsel of the evidence to be tendered (Up here in criminal cases no disclosure is required from the defence other than a witness list, the prosecution is required to provide copies of any reports, documents to be tendered, witness statements and 'will says' and so on. Recently a court here ordered the Crown to provide copies of an investigator's personnel file no less). Discovery on the other hand allows the litigants the opportunity to request answers and information from each other before the actual trial and has an examination phase where answers are given under oath (this only applies to civil matters).


   
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(@logg)
Eminent Member
Joined: 16 years ago
Posts: 42
 

roncufley is correct.

e-disclosure is the British term. e-discovery is American.


   
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