Module 2- Courts and Alternative Dispute Resolution
Case 3-3 “Discovery”
Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material?
The party to the law suit should hand over information during the discovery phase. However, discovery is allowed only if the information is relevant to the claim or defense of any party. Now handing over confidential business secrets to the opposing party should be up to the defendant’s discretion to decide whether he or she may want to pass that sensitive information. In page 72 under “Discovery” it explains that