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 Delaware, the discovery process in civil litigation is governed by the Delaware 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 is designed to allow parties to obtain evidence that is relevant to the case, subject to certain limitations to protect privacy and privilege. The rules also set forth the time frames for responding to discovery requests and the consequences for failing to comply. Discovery can be extensive and complex, often involving legal disputes over the relevance and admissibility of evidence. Attorneys play a crucial role in managing the discovery process, ensuring compliance with the rules, and protecting their clients' interests. In cases involving federal law or where jurisdiction is based on diversity of citizenship, the Federal Rules of Civil Procedure may apply, which have their own set of discovery guidelines.