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 Wyoming, the discovery process in civil litigation is governed by the Wyoming Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. The discovery process allows parties to obtain evidence from each other to prepare for trial, and it is designed to prevent surprises and encourage settlement. The rules also establish deadlines for responses and outline circumstances under which certain information may be protected from disclosure by privileges, such as attorney-client privilege or work product doctrine. Discovery can be extensive and costly, but it is a critical phase of litigation that contributes to the fair and efficient resolution of disputes. Wyoming's rules are similar to the Federal Rules of Civil Procedure, which govern discovery in federal courts, but there may be specific local variations and practices within the state's jurisdiction that parties must adhere to.