Legal Definitions - accelerated discovery

Accelerated discovery refers to a legal process in a lawsuit where the usual timeline for exchanging information and evidence between the parties is significantly shortened. A court may order accelerated discovery when there is an urgent need to resolve the case quickly, prevent ongoing harm, or accommodate specific circumstances of the parties involved. It allows for a faster collection of facts, documents, and testimony than would typically occur in standard litigation.

Here are some examples of when accelerated discovery might be used:

• Example 1: Preventing Ongoing Harm in a Business Dispute

  A software company discovers that a former employee has stolen proprietary code and is using it to launch a competing product. The company immediately files a lawsuit and requests accelerated discovery. They argue that every day the competitor operates with the stolen code, the company suffers irreparable financial damage and loss of market share. The court might grant this request, ordering the former employee to quickly produce relevant documents, emails, and submit to a deposition, allowing the court to assess the situation and potentially issue an early injunction to stop the alleged infringement.

  This illustrates accelerated discovery because the standard, longer discovery period is compressed to address the urgent need to prevent ongoing economic harm from the alleged intellectual property theft.

• Example 2: Accommodating a Party's Health Condition

  An elderly plaintiff is suing a construction company for injuries sustained due to a faulty building design. Shortly after filing the lawsuit, the plaintiff receives a diagnosis of a rapidly progressing terminal illness. To ensure the plaintiff can provide their testimony and participate in the legal process before their health deteriorates further, their legal team requests accelerated discovery. The court agrees, allowing for immediate depositions of the plaintiff and key witnesses, and a shortened schedule for document exchange, so that crucial evidence can be preserved quickly.

  Here, accelerated discovery is driven by the plaintiff's urgent medical condition, ensuring that vital testimony and evidence are gathered promptly, rather than waiting for the typical litigation timeline.

• Example 3: Urgent Need for Information for a Preliminary Injunction

  A popular fashion brand discovers that a rival company is manufacturing and selling counterfeit versions of its latest clothing line, just weeks before a major holiday shopping season. The brand files a lawsuit and immediately seeks a preliminary injunction to stop the rival from selling the fake goods. To decide whether to grant this urgent injunction, the court needs some basic evidence quickly. It might order a very limited and accelerated discovery period, focused solely on obtaining the information necessary to rule on the injunction request, such as sales records of the alleged counterfeits and design documents, without waiting for the full, lengthy discovery process that would precede a trial.

  This demonstrates accelerated discovery because the court allows a rapid, focused exchange of information to address an immediate request for relief (the injunction) that cannot wait for the standard, comprehensive discovery phase.