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 Utah, the discovery process in civil litigation is governed by the Utah 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 request the production of documents, submit interrogatories, and conduct depositions of witnesses. Utah's rules also include provisions for initial disclosures that must be made without a formal discovery request. The process is designed to allow parties to obtain evidence necessary to support their claims or defenses, but it is also subject to limitations to prevent abuse, such as the protection of privileged information and the court's power to limit discovery that is overly burdensome or irrelevant. Discovery can be a complex and strategic aspect of a case, often requiring the guidance of an attorney to navigate effectively.