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 Connecticut, the discovery process in civil litigation is governed by the Connecticut Practice Book, which outlines the rules and procedures for state courts. The discovery process allows parties to obtain evidence from each other to prepare for trial, including requests for production of documents, interrogatories, depositions, and disclosures. The scope of discovery in Connecticut is generally broad, allowing parties to obtain any information that is not privileged and is reasonably calculated to lead to the discovery of admissible evidence. There are specific rules and deadlines for responding to discovery requests, and failure to comply can result in sanctions. Additionally, certain information may be protected by privileges, such as attorney-client privilege or work product doctrine, which can limit or prevent the disclosure of certain information. The Connecticut Practice Book is designed to ensure fairness and efficiency in the discovery process, and parties are encouraged to cooperate to reduce the time and expense involved.