Discovery is the factfinding process in civil litigation in which the parties to a lawsuit exchange requests for the production of documents and other tangible items (requests for production); written questions to be answered under oath (interrogatories); witness testimony to be provided by oral deposition; disclosures that may be required under the applicable rules without request from an opposing party; and requests or subpoenas to third-parties (who are not parties to the lawsuit) for the production of documents or tangible things, or the giving of testimony by oral deposition, for example.

The discovery process is one of the most important, time-consuming, and often expensive parts of civil litigation. The discovery process—including the scope of discovery requests, deadlines to respond, and privileges from responding—are usually governed by the state or jurisdiction’s rules of civil procedure or code of civil procedure. For example, in federal court discovery is governed by the Federal Rules of Civil Procedure.

In Arkansas, the discovery process in civil litigation is governed by the Arkansas Rules of Civil Procedure, which outline the methods and scope of discovery, as well as the timelines and obligations of the parties involved. Parties may request the production of documents, submit interrogatories, and conduct depositions of witnesses. They are also subject to mandatory disclosures without a request from the opposing party. The rules aim to facilitate the exchange of information pertinent to the case, while also protecting against undue burden or invasion of privacy. Discovery can be extensive and complex, often requiring the assistance of an attorney to navigate the process effectively. It is designed to prevent surprises at trial and to allow both sides to prepare their cases thoroughly. However, certain information may be protected by privileges, such as attorney-client privilege or work product doctrine, which can limit what must be disclosed. The Arkansas Rules of Civil Procedure are similar in many respects to the Federal Rules of Civil Procedure, which govern discovery in federal courts, but there may be specific local variations that apply to cases within the state.