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 Delaware, the discovery process in civil litigation is governed by the Delaware Court Rules, specifically the Delaware Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. The process allows parties to obtain evidence from each other to prepare for trial, and it can be extensive and costly. The rules also establish the time frames for responding to discovery requests and assert the conditions under which certain materials may be protected from disclosure under various privileges, such as attorney-client privilege or work product doctrine. Discovery in Delaware state courts may differ in some respects from the Federal Rules of Civil Procedure, which govern discovery in federal courts. It is important for parties involved in civil litigation in Delaware to understand and adhere to these state-specific rules to effectively manage the discovery process.