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 New Hampshire, the discovery process in civil litigation is governed by the New Hampshire 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 make other disclosures as required by the rules. The scope of discovery is generally broad, allowing parties to obtain information that is reasonably calculated to lead to the discovery of admissible evidence. However, there are limits to prevent abuse of the discovery process, such as the protection of privileged information and the court's power to limit discovery that is overly burdensome or irrelevant. Deadlines for responding to discovery requests are set by the rules and by court order. Failure to comply with discovery obligations can result in sanctions, including fines, dismissal of claims, or entry of judgment. It is important for parties to be aware of their rights and obligations under the New Hampshire Rules of Civil Procedure to effectively navigate the discovery process.