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 California, the discovery process in civil litigation is governed by the California Code of Civil Procedure (CCP). This process allows parties to obtain evidence from each other or from third parties to prepare for trial. The types of discovery include requests for production of documents, interrogatories (written questions to be answered under oath), depositions (witness testimony given under oath before trial), and requests for admissions (requests that the opposing party admit certain facts are true). California law sets forth specific procedures and deadlines for conducting discovery, including the Electronic Discovery Act which addresses the discovery of electronically stored information. The scope of discovery is generally broad, allowing parties to obtain information that is relevant to the subject matter of the litigation and is reasonably calculated to lead to the discovery of admissible evidence. However, there are limits to prevent abuse of the discovery process, such as protections for privileged communications and the right to object to overly burdensome or harassing requests. Discovery disputes may be resolved by the court through motions to compel or motions for protective orders. The CCP and relevant case law provide guidance on these procedures, ensuring that discovery serves its purpose of uncovering the facts necessary for a fair trial while preventing undue burden and respecting privacy and privilege.