Predicated upon concepts of equity, discovery is the procedure by which one litigant is enabled to force his opponent to make some or all of his evidence available for examination. When authorized prior to actual trial, such disclosure is termed "pre-trial discovery." The purpose of a trial is to ascertain the facts." Proponents of liberal discovery assert that knowledge of the facts and, hence, discovery are necessary for fundamental justice. They contend that adoption of broad disclosure practices will eliminate the surprise and guesswork from the courtroom, and transform the aura of a trial from a "sporting event" to a "quest for truth." In recent years, great strides toward broad discovery rights have been made in the area of civil procedure
Bruce E. Gaynor,
Defendant's Right of Discovery in Criminal Cases,
20 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol20/iss1/57