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 Georgia, the discovery process in civil litigation is governed by the Georgia Civil Practice Act, specifically under Title 9 of the Official Code of Georgia Annotated (O.C.G.A.). The discovery process allows parties to obtain evidence from each other or from third parties through various means such as requests for production of documents, interrogatories (written questions to be answered under oath), depositions (witness testimony given under oath before trial), and requests for admissions. Georgia law sets forth the rules and limitations for these discovery tools, including the scope of discovery, the time frames for responding to discovery requests, and the assertion of privileges to protect certain information from being disclosed. The discovery process is designed to ensure that both parties have access to the relevant facts and evidence before trial, thereby promoting a fair trial. It is important to note that while Georgia has its own rules for discovery in state courts, federal cases in Georgia would be subject to the Federal Rules of Civil Procedure.