Discovery

What Is Discovery? Discovery is the formal process by which parties in a lawsuit obtain information and evidence from each other and from third parties before trial. It is designed to prevent trial by surprise, allow both sides to evaluate the strengths and weaknesses of their case, and promote settlement by ensuring transparency. ## Discovery Methods - **Interrogatories** are written questions that must be answered under oath - **Requests for production** seek documents, electronically stored information, or tangible items - **Requests for admission** ask the opposing party to admit or deny specific facts - **Depositions** involve oral testimony taken under oath outside of court - **Subpoenas** compel third parties to produce documents or testify ## Scope and Limits The scope of discovery is broad and includes any nonprivileged information that is relevant to a party's claims or defenses. However, discovery is subject to limitations, including attorney-client privilege, work product doctrine, and protections for trade secrets. Courts can issue protective orders to limit discovery that is unduly burdensome, harassing, or seeks confidential information. Failure to comply with discovery obligations can result in sanctions, including adverse inference instructions or default judgment.