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 Nebraska, the discovery process in civil litigation is governed by the Nebraska Discovery Rules, which are part of the Nebraska Court Rules. These rules outline the procedures and limitations for the exchange of information between parties involved in a lawsuit. The discovery tools include requests for production of documents, interrogatories (written questions to be answered under oath), depositions (witness testimony given under oath before trial), and required disclosures without a formal request. The rules also address the use of subpoenas for third parties to produce documents or provide testimony. Discovery is designed to prevent surprises at trial and allow both sides to prepare their cases effectively, but it must be conducted within the framework established by the rules, which set forth the scope of discovery, deadlines, and recognize certain privileges that may protect parties from providing some types of information. In federal cases or those involving federal questions, the Federal Rules of Civil Procedure would apply. An attorney can provide specific guidance on the discovery process for a particular case in Nebraska.