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 Oregon, the discovery process in civil litigation is governed by the Oregon Rules of Civil Procedure (ORCP). 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 relevant to the case and not privileged. The discovery process is designed to allow parties to obtain the necessary evidence to prepare for trial or settlement discussions. It is subject to deadlines and procedural requirements, which can vary depending on the complexity of the case and the court's scheduling orders. Discovery can be extensive and costly, but it is a critical component of the legal process as it promotes the fair and efficient resolution of disputes by ensuring that both sides have access to pertinent facts and information. In federal cases or those involving federal questions, the Federal Rules of Civil Procedure would apply. It is important for parties to be aware of and adhere to these rules to avoid sanctions and ensure a smooth litigation process.