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 Nevada, the discovery process in civil litigation is governed by the Nevada Rules of Civil Procedure (NRCP), which outline the methods and scope of discovery. Parties may use tools such as requests for production, interrogatories, depositions, and required disclosures to gather evidence from each other and from third parties. The NRCP specifies the time frames for responding to discovery requests and sets forth the rules for claiming privileges or objecting to requests. Discovery is designed to eliminate surprises, narrow the issues for trial, and promote the settlement of cases. It can be a complex and costly phase of litigation, but it is crucial for the preparation of a case. The state rules are similar to the Federal Rules of Civil Procedure, which apply in federal courts, but there may be specific local variations that must be adhered to in Nevada state courts.