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 Vermont, the discovery process in civil litigation is governed by the Vermont Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. These rules outline the methods by which parties can obtain evidence from each other, including requests for production of documents, interrogatories, depositions, and required disclosures. The scope of discovery in Vermont allows for the gathering of any non-privileged material that is relevant to any party's claim or defense and proportional to the needs of the case. The rules also set forth the time frames within which parties must respond to discovery requests and the consequences for failing to comply. Privileges, such as attorney-client privilege or work product doctrine, may protect certain information from being disclosed. Discovery can be a strategic tool in a case, but it can also lead to disputes over what must be disclosed, and such disputes may require resolution by the court. Attorneys play a crucial role in navigating the discovery process, ensuring compliance with the rules, and advocating for their clients' interests.