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 Alabama, the discovery process in civil litigation is governed by the Alabama Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. Parties may request information that is relevant to the case and not privileged. The discovery process is designed to ensure that both sides have access to the necessary information to prepare their cases, thereby promoting a fair trial. It is indeed a critical phase of litigation that can be both time-intensive and costly. Deadlines for responding to discovery requests are set by these rules, and failure to comply can result in penalties. Additionally, certain information may be protected from disclosure by legal privileges, such as attorney-client privilege or work product doctrine. In federal court cases, the discovery process is similarly regulated by the Federal Rules of Civil Procedure, which provide a consistent framework across federal jurisdictions.