Discovery
Scope and Framework
Jurisdictional discovery explores a defendant's contacts with the forum, corporate relationships, or amount in controversy where jurisdiction is contested. It is ordered when the plaintiff makes a threshold showing that discovery could establish jurisdiction.
Scope is confined to jurisdictional facts.
Alternative Names:
Discovery on Jurisdiction, Personal Jurisdiction Discovery
Why it Matters?
Courts require more than a request to explore, so opposing jurisdictional discovery is frequently viable where the plaintiff has offered only speculation that contacts might exist. Where discovery is ordered, confining it to jurisdictional facts matters, since plaintiffs routinely propose requests reaching merits issues. A protective order limiting scope preserves the jurisdictional challenge while preventing merits discovery from proceeding by another route.
Frequently Confused with
Related terms
Frequently asked questions
What showing is required?
How should scope be controlled?
