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 New Mexico, the discovery process in civil litigation is governed by the New Mexico Rules of Civil Procedure. During discovery, parties to a lawsuit exchange information through various means such as requests for production of documents, interrogatories (written questions to be answered under oath), and depositions (witness testimony given under oath). Parties may also be required to make certain disclosures without a request from the opposing party, and they can issue subpoenas to third parties for production of documents or depositions. The discovery process is designed to allow parties to gather the necessary facts to prepare their cases for trial, ensuring that litigation proceeds with all relevant information disclosed. It is a critical phase of litigation that can be both time-intensive and costly. The rules set forth by the state dictate the scope of discovery, the time frames for responses, and the assertion of privileges to protect certain information from being disclosed. In federal cases, the discovery process is similarly regulated by the Federal Rules of Civil Procedure, which may differ in some respects from New Mexico's rules.