Discovery
What does "Discovery" mean in law?
Discovery is the pre-trial phase of litigation during which parties exchange relevant information and evidence. Federal Rules 26-37 govern discovery in federal court, providing tools such as depositions, interrogatories, requests for production, requests for admission, and physical or mental examinations. The scope of discovery extends to any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case. Electronically stored information (ESI) has become a major focus of modern discovery practice.
Definition
Discovery is the pre-trial phase of litigation during which parties exchange relevant information and evidence. Federal Rules 26-37 govern discovery in federal court, providing tools such as depositions, interrogatories, requests for production, requests for admission, and physical or mental examinations. The scope of discovery extends to any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case. Electronically stored information (ESI) has become a major focus of modern discovery practice.
Example
A plaintiff serves interrogatories and document requests on the defendant seeking emails related to the disputed transaction. The defendant must produce responsive, non-privileged documents.