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 Minnesota, the discovery process in civil litigation is governed by the Minnesota 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 relevant information that is not privileged and is reasonably calculated to lead to the discovery of admissible evidence. The process is designed to ensure that both sides have access to the necessary facts to prepare their cases, thereby promoting a fair trial. Discovery can be extensive and must be conducted within the time frames set by the court. Minnesota's rules also address issues such as electronic discovery, protective orders to safeguard sensitive information, and consequences for failing to comply with discovery obligations. The state's rules are similar to the Federal Rules of Civil Procedure, which govern discovery in federal courts, but there may be specific local variations and practices within Minnesota's judicial system that parties need to be aware of.