Knowledge Tree
delayed discovery rule
Also known as: delayed discovery rule, discovery rule
Facts (4)
Sources
State of New Hampshire Supreme Court, Hungerford v. Morahan fmsfonline.org 4 facts
claimIn the case of McCollum v. D’Arcy (1994), the court rejected the requirement for independent corroborating evidence to apply the discovery rule, but ruled that the plaintiff bears the burden of validating the phenomenon of memory repression and the admissibility of evidence derived from it.
claimThe book 'The Courage to Heal' contains a section titled 'The Application of the Delayed Discovery Rule' written by a California attorney who alleges she has repressed memories of childhood sexual abuse.
claimThe Oklahoma legislature required objective, verifiable evidence of both abuse and the repression of memory when applying the discovery rule in childhood sexual abuse cases.
claimCourts have generally moved more cautiously than legislatures regarding the application of the discovery rule in childhood sexual abuse cases.