What Is Discovery?

Discovery is how each side in litigation learns the facts before trial. Common discovery tools include interrogatories (written questions answered under oath), requests for production of documents, requests for admission, subpoenas to third parties, and depositions of parties or witnesses. Discovery rules require parties to preserve relevant evidence, produce responsive information, and disclose privileged material only through a protected privilege log. Disputes often arise over scope, burden, confidentiality, and whether requested material is relevant and proportional to the needs of the case.

Discovery is often the most expensive and consequential phase of a lawsuit. A poorly handled discovery response can waive privilege, expose sensitive business information, or lead to sanctions; a strong discovery strategy can surface decisive evidence early enough to settle or narrow the case. Businesses facing litigation should work with counsel to preserve records, define search scope, and manage production carefully.