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 Washington State, the discovery process in civil litigation is governed by the Washington State Rules of Civil Procedure (CR). These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. Parties may also issue subpoenas to third parties for documents or depositions. The discovery process is designed to allow parties to obtain evidence necessary to evaluate and resolve disputes before trial. It is crucial for the parties to adhere to the rules and deadlines set forth in the CR to avoid delays and potential sanctions. Discovery can be extensive and costly, but it is a fundamental aspect of the litigation process that contributes to the fair and efficient resolution of cases. Privileges, such as attorney-client privilege or work product doctrine, may limit the scope of discovery in certain situations. In federal cases, the Federal Rules of Civil Procedure apply, which may differ from state rules.