Discovery is the process of obtaining information pertinent to the lawsuit coming up before a court. It occurs before the trial actually begins, where both parties gather and exchange information relevant to the case. It allows each side to understand the facts, evaluate the strength of the other’s arguments, and prepare for trial. The information obtained is not revealed to the court until the trial begins, and only then when is pertinent to the case.
Here’s how it generally works:
- Initial Disclosures: Each party may be required to share basic information about their claims, defenses, and key witnesses.
- Interrogatories: You can submit questions in writing to the other party that they must answer in writing and under oath. These questions are called interrogatories and must be answered within 30 days,
- Requests of Documents: A party can request specific documents or records related to the case, such as contracts, emails, financial records, or business reposts.
- Depositions: You can call in witnesses from the other side and even third-party witnesses to answer questions under oath. Depositions are transcribed and may be used in court.
- Requests of Admissions: One side may ask the other to admit or deny certain facts to narrow down what’s actually in dispute. If the other side doesn’t respond, the facts in the request are deemed to be true.
- Expert Disclosures: If either party uses expert witnesses, they must disclose their identities and provide reports explaining their opinions.
The discovery process helps avoid surprises at trial and encourages settlement by clarifying the facts. It can be lengthy and costly, but it’s essential to building a strong legal strategy.

