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 Arizona, the discovery process in civil litigation is governed by the Arizona Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. Parties may request information that is relevant to the case and not privileged. The process is designed to ensure that both sides have access to the necessary information to prepare their cases, thereby promoting a fair trial. Discovery can be extensive and must be completed within the timelines set by the court. Failure to comply with discovery requests can result in sanctions. In addition to state rules, if a case is in federal court, the Federal Rules of Civil Procedure apply. These federal rules are similar in purpose but may have different procedures and requirements. It is important for parties involved in litigation to understand and adhere to the applicable discovery rules to avoid any adverse consequences.