Cards On The Table: A Brief Guide To The Discovery Process In Jersey

Discovery (as it is still known in Jersey) is arguably the most important stage in the court process whereby each party to a dispute is required to disclose to all other parties all those documents which are relevant to the proceedings and which they have in their "possession, custody or power". In Jersey, the principle which underpins this process is that a party's litigation is conducted in a "cards on the table" manner so that neither party is able to take their opponent by surprise when the matter comes to trial.

After pleadings have closed, the court will set a timetable for disclosure and will direct that each party will list the documents which are or have been in their "possession, custody or power". Under Rule 6/17(1) of the Royal Court Rules 2004, the court may order "any party to any proceedings to furnish any other party with a list of the documents which are or have been in his or her possession, custody or power relating to any matter in question in the