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 York, the discovery process in civil litigation is governed by the New York Civil Practice Law and Rules (CPLR). The CPLR outlines the procedures for parties to obtain evidence from each other and from third parties. This includes the exchange of documents, answering written questions under oath known as interrogatories, giving testimony through depositions, and making necessary disclosures without the need for a request from the opposing party. The scope of discovery in New York is generally broad, allowing parties to obtain any material that is reasonably calculated to lead to admissible evidence. However, there are limitations to protect privileged information and to prevent abuse of the discovery process. Deadlines for responding to discovery requests are set by the CPLR and by court orders specific to each case. The discovery phase can be crucial for the parties to assess the strengths and weaknesses of their case, negotiate settlements, or prepare for trial. In federal cases or where federal law applies, the Federal Rules of Civil Procedure would govern the discovery process.