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 Arkansas, the discovery process in civil litigation is governed by the Arkansas Rules of Civil Procedure, which outline the methods and scope of discovery, as well as the timeframes and procedures for compliance. Parties may use tools such as requests for production, interrogatories, depositions, and required disclosures to gather information pertinent to the case. The rules also address issues of privilege and the protection of certain information from discovery. Discovery is designed to eliminate surprises, clarify what the lawsuit is about, and to make the parties decide if they want to settle or go to trial. It is a critical phase of litigation that can significantly impact the outcome of a case. The process is meant to be fair and equitable, allowing both sides access to the necessary facts to argue their case effectively. However, it can also be strategic, with attorneys using various tactics to obtain or protect information. The Arkansas Rules of Civil Procedure are similar to the Federal Rules of Civil Procedure, which govern discovery in federal courts, but there may be specific local variations that apply to cases within the state.