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 Colorado, the discovery process in civil litigation is governed by the Colorado 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 process is designed to ensure that both sides have access to the necessary information to prepare their cases, but it is also subject to limitations to prevent abuse. For instance, there are rules regarding the number of interrogatories that may be asked and the duration of depositions. Colorado's rules also provide for protective orders to safeguard against undue burden or invasion of privacy. Discovery deadlines and other procedural requirements are typically set forth in the case management order issued by the court at the outset of the litigation. If a party fails to comply with discovery requests, the court may impose sanctions, including fines, dismissal of the case, or entry of judgment against the non-compliant party. It's important for parties to understand their rights and obligations under these rules to effectively navigate the discovery process.