Tuesday, November 30, 2010
I was retained to petition our local court for an order directing the issuance of a subpoena pursuant to an out-of-state commission, a light pleasant task that will be easier next year. When I'd secured the order and the subpoena I called my local counterpart on the matter to tell him the papers were coming. "I understand you want to domesticate discovery in this matter," he said, not knowing that I'd already done the necessary. What was interesting about his remark, though, was the turn of phrase: "domesticate". I knew what he meant, and it sounded as though he was using the word as a term of art, but I have never heard it before. Is "domesticate" the accepted shorthand for the round-about description of what I'd done that I used in my opening sentence? Is it a term borrowed from another context?
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I've seen the term "domestic discovery" used as a shorthand for the discovery sought in a particular jurisdiction under its local rules when that jurisdiction is not the site of the dispute. I have not heard the term "domesticate" used in that context.
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