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 Nebraska, the discovery process in civil litigation is governed by the Nebraska Discovery Rules, which are part of the Nebraska Court Rules. These rules outline the procedures and limitations for the exchange of information between parties involved in a lawsuit. The discovery tools include requests for production of documents, interrogatories, depositions, and subpoenas for third-party information. The rules also address the timing for discovery, the scope of what can be discovered (which generally includes any non-privileged matter that is relevant to any party's claim or defense), and the protection of privileged materials. Discovery is designed to eliminate surprises, clarify what the lawsuit is about, and to make the parties decide if they want to settle or go to trial. In federal cases or in cases where federal law applies, the Federal Rules of Civil Procedure would govern the discovery process. These rules are similar in purpose but may differ in specifics compared to Nebraska's rules. It is important for parties involved in litigation to understand and adhere to these rules to effectively prepare their case and avoid potential sanctions for failing to comply with discovery obligations.