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 North Carolina, the discovery process in civil litigation is governed by the North Carolina 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 reasonably calculated to lead to the discovery of admissible evidence, and the process is designed to make the litigation more transparent and to narrow the issues for trial. The rules also set forth the time frames for responses and the assertion of privileges to protect certain information from disclosure. Discovery can be extensive and complex, often involving significant time and expense. It is crucial for parties to understand and adhere to these rules to avoid sanctions and to ensure a fair trial. In cases where federal law is applicable, the Federal Rules of Civil Procedure would govern the discovery process.