Module 3 · Chapter 7

Disclosure and Privilege

Each side must show the other its documents on the points in dispute, even those that hurt it. This chapter shows how the search is set and run, and what may be held back.

≈ 7 min read 8-question test

In this chapter

  • Why a claim of this size gets a lighter set of disclosure rules
  • How Model D and the agreed issues set the search
  • Which documents must go out, and which privilege keeps back

7.1Disclosure in one paragraph

Disclosure is the stage at which each side shows the other its documents on the points in dispute. The court decides how wide the search must be, and the parties agree the questions it covers. Each side must disclose the documents that hurt its own case too. Only privilege, a right to keep some legal papers private, keeps a few back.

Key point

Disclose the documents that hurt Ravensett as well as those that help. Only privilege can keep a document back, and harming Ravensett’s case is never a reason to.

Also in this chapter

  1. A Less Complex Claim, and why it gets a lighter search
  2. The disclosure models: how wide each side searches
  3. The Issues for Disclosure
  4. What Ravensett may hold back
  5. Your job

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