What is considered 'fishing expedition' in legal terms?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

In legal terms, a 'fishing expedition' refers to a situation where a party makes a broad request for documents or information without specific relevance to the case at hand. This type of request is often seen as an exploratory effort to uncover evidence that may not be directly related to the claims being made, thereby imposing an unnecessary burden on the opposing party. The concept emphasizes that legal discovery should be conducted within the confines of relevance to the issues in the case, rather than as a means to search for potential evidence across a wide array of unrelated materials.

The primary focus of qualifying as a fishing expedition hinges on the lack of specificity in the request, which makes it challenging for the other party to ascertain what information is truly necessary or pertinent to the litigation. Courts often scrutinize such vague requests to ensure that they align with established legal standards of relevance, thereby maintaining the integrity and efficiency of the discovery process.

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