Historical Evolution of the Legal Discovery Process

Historical Evolution of the Legal Discovery Process

The legal discovery process has undergone a major evolution over the past few decades. In the past, the process was mostly reliant on paper documents. However, with the advent of digital technologies, the process has shifted to electronically stored information (ESI). This has led to major changes in the way attorneys collect and use the information to build their cases. 

This article will help you learn more about the historical evolution of the legal discovery process and how it has changed in recent years.

Early forms of Legal Discoveries

Early versions of legal discovery go back to the Roman Republic when parties to a lawsuit had to turn over any pertinent documents they might have in their possession. The discovery process helped ensure that both sides were given access to the data required to support their arguments.

Discovery is still a crucial step in the legal process today. The Federal Rules of Civil Procedure in the United States specify the particular steps that must be taken during discovery. These guidelines aim to advance efficiency and impartiality in the judicial system.

The rise of the inquisitorial system

Recent years have witnessed a rise in the use of the inquisitorial system in legal proceedings. This system is used in many European countries and relies on judges to play a more active role in investigations and prosecutions. 

This system is in contrast to the more traditional adversarial system, in which lawyers for each party present their cases, and the judge remains impartial.

The introduction of common law

The common law is a system of law that is derived from judicial decisions rather than from statutes or constitutions. This system is used in many countries around the world, including the United States, Canada, and England.

The common law has its roots in the English legal system. During the medieval era, the English king’s Court of Common Pleas was responsible for hearing cases that involved disputes between commoners. This court became the model for other common law courts that were established in other countries.

This is a flexible system that allows courts to adapt the law to the changing needs of society. This flexibility is one of the main advantages of the common law system.

The impact of the digital age on the legal discovery process

The digital age has had a profound impact on the legal discovery process. In the past, legal discovery was a time-consuming and complicated process that often required the use of expensive outside vendors. Today, discovery is often more efficient and less costly, thanks to advances in digital technology.

Digital discovery has made it possible to quickly and easily search large volumes of data, including electronically stored information (ESI). This has led to faster and more complete discovery in many cases. In addition, digital discovery has made it easier to share discovery materials with other parties and to keep track of discovery materials throughout the litigation process.

The future of the legal discovery process

Machine learning and artificial intelligence (AI)-powered technological solutions are becoming the standard rather than the exception. The use of artificial intelligence (AI) to amplify legal processes is becoming a need, not a luxury, due to the sizable and complicated data sets, pricing pressure, and unrelenting time pressures.

In light of this, our team at Glocal LPO, composed of technologists, data scientists, and legal experts, pool their extensive knowledge regarding the trends that will affect e-discovery in 2022 and beyond.


The legal discovery process is a critical part of any lawsuit. It is the process by which attorneys gather evidence to support their case. The process can be very complex, and it has evolved.

The common legal discovery practices can be named as:

Interrogations; the written questions that must be answered under oath.

Request for documents production is a request for copies of relevant documents. Request for admissions is a request for the other side to admit or deny certain facts. Deposition summaries are objectives, condensed clerical summaries of the key information in a deposition transcript.

The goal of discovery is to uncover information that is favorable to your case and to learn more about the other side’s case. Discovery can be very expensive, and it is important to have an experienced team of attorneys to handle it.

As a leading outsourcing legal partner, Glocal LPO knows how to effectively collect and use ESI to build a strong case. Glocal LPO has extensive experience in the legal discovery process, and we are the industry leader on the subject. Outsource your legal discovery to us; we’ll handle it for you!

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