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 Dakota, the discovery process in civil litigation is governed by the North Dakota Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. During discovery, parties may request the production of documents, submit interrogatories, take depositions, and require disclosures as per the rules. The scope of discovery is generally broad, allowing parties to obtain information that is relevant to the claim or defense of any party, as long as it is not privileged. The rules also set forth the time frames within which parties must respond to discovery requests and outline the consequences for failing to comply. Discovery can be conducted with third parties through subpoenas if necessary. The process is designed to ensure that all parties have access to the pertinent facts before trial, but it must be conducted in a manner that avoids undue burden or expense. Attorneys play a crucial role in managing the discovery process, ensuring compliance with the rules, and protecting client interests, including asserting privileges when appropriate.