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 Tennessee, the discovery process in civil litigation is governed by the Tennessee Rules of Civil Procedure, which outline the methods and scope of discovery, as well as the timelines and obligations of the parties involved. Parties may use tools such as requests for production, interrogatories, depositions, and subpoenas to gather information relevant to the case. The rules aim to facilitate the exchange of information necessary for the parties to prepare for trial while ensuring that the process is conducted efficiently and fairly. Discovery can be extensive and must be completed within the time frames set by the court. Tennessee law also recognizes certain privileges and protections that may limit or exempt parties from providing certain information during discovery. It is important for parties to be aware of these rules and to manage the discovery process carefully to avoid delays and additional costs in litigation.