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 Alaska, the discovery process in civil litigation is governed by the Alaska 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 can be both extensive and costly. Parties may also issue subpoenas to third parties for the production of documents or depositions. The rules aim to make the process fair and efficient, setting forth time limits for responses and recognizing certain privileges and protections to prevent the disclosure of confidential information. It's important for parties to adhere to these rules to avoid sanctions and to ensure a fair trial. An attorney can provide specific guidance on the discovery process in Alaska, including strategic considerations and compliance with procedural requirements.