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 Iowa, the discovery process in civil litigation is governed by the Iowa 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 discovery process is designed to ensure that both sides have access to the necessary information to prepare their cases, thereby promoting a fair trial. It is indeed a critical phase of litigation that can be extensive and costly. The Iowa rules also set forth the time frames within which parties must respond to discovery requests and the consequences for failing to comply. Additionally, there are provisions for protecting sensitive or privileged information from disclosure. It is important for parties involved in litigation to understand these rules and adhere to them to avoid sanctions and ensure an efficient legal process.