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 Jersey, the discovery process in civil litigation is governed by the New Jersey Rules of Court, specifically the Rules Governing the Courts of the State of New Jersey. These rules outline the procedures for parties to obtain evidence from each other and from third parties. The discovery tools include requests for production of documents, interrogatories (written questions to be answered under oath), depositions (witness testimony given under oath before trial), and requests for admissions. New Jersey courts also allow for the discovery of electronically stored information (ESI). 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 the consequences for failing to comply. Additionally, parties may assert various privileges to protect certain information from being disclosed, such as attorney-client privilege or work product doctrine. It is important for parties to adhere to these rules to avoid sanctions and to ensure a fair discovery process.