Legal Definitions - discovery

In civil actions, discovery is the process of gathering information before a trial. It allows parties to obtain evidence and information from each other in preparation for the trial. The Federal Rules of Civil Procedure have very liberal discovery provisions, which means that parties can obtain any non-privileged information that is relevant to their claim or defense.

• A plaintiff who suspects that they were wronged can file a lawsuit, even if they do not have solid evidence. During discovery, they can force the defendant to give them evidence that they can use to build their case.
• Parties can use several tools to get information from other parties, including interrogatories, depositions, and requests for admission. They can also compel other parties to give them access to documents, real property, or other things for review or testing.
• An attorney’s work product is not obtainable through disclosure in most states. However, material prepared by non-attorneys for the litigation would be discoverable.

The examples illustrate how discovery works in civil actions. It allows parties to obtain evidence and information from each other, which can help them build their case. It also shows that there are rules and limitations to what can be obtained through discovery, such as the protection of an attorney's work product in most states.