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 Wisconsin, the discovery process in civil litigation is governed by the Wisconsin Rules of Civil Procedure, which are found in Chapters 804 to 807 of the Wisconsin Statutes. These rules outline the methods and scope of discovery, including the exchange of documents, interrogatories, depositions, and disclosures. Parties may request the production of relevant documents, submit written questions to be answered under oath, and depose witnesses. The rules also address the time frames for responding to discovery requests and the assertion of privileges to protect certain information from disclosure. Discovery is designed to allow parties to obtain the necessary information to prepare their cases for trial, but it must be conducted in a manner that is consistent with the principles of proportionality and fairness. In federal cases or those involving federal questions, the Federal Rules of Civil Procedure would apply. These rules aim to make the litigation process more efficient and to prevent abuses in the discovery process.