The discovery process in civil litigation is a pre-trial phase designed to ensure both parties exchange relevant information, eliminate surprises, and promote fair resolution of disputes. Governed primarily by Federal Rules of Civil Procedure (FRCP) Rules 26–37 and analogous state rules, discovery enables parties to gather evidence, assess the strengths and weaknesses of claims, and narrow issues for trial.
In addition to the general framework, discovery includes several specific methods for obtaining information. These tools typically include interrogatories (written questions that must be answered under oath), depositions (oral testimony taken under oath before trial), requests for production (requests for documents, records, or evidence), and requests for admissions (requests for the other party to admit or deny certain facts).
The discovery process helps both sides assess the merits of their case and can lead to settlement or alternative dispute resolution if both parties agree on the issues. While discovery promotes transparency, there are limitations to prevent abuse, such as objections based on relevance or privilege (attorney-client privilege).
Ultimately, discovery aims to ensure that each party has access to the information needed to fairly present their case at trial.