Discovery (law)
History

In this type of proceeding, the parties merely pleaded written interrogatories which were read out loud to the witness in a closed proceeding without parties or counsel present. The witness's attendance was secured by service of a subpoena ad testificandum at least 14 days before the date of the examination. In London, the examinations took place before a master or an examiner in Chancery Lane. Outside of London, the parties' attorneys were supposed to jointly stipulate to a group of lay commissioners (typically four, though only two were needed for a quorum) who could not be interested persons (i.e., parties or their lawyers) and were usually country gentlemen. Once agreed upon, the court would grant them authority to examine witnesses by way of dedimus potestatem.
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