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 Oklahoma, the discovery process in civil litigation is governed by the Oklahoma Discovery Code, which is found in Title 12 of the Oklahoma Statutes. This process allows parties to obtain evidence from each other and from third parties to prepare for trial. The types of discovery include requests for production of documents, interrogatories (written questions to be answered under oath), depositions (oral questioning of a witness under oath), and requests for admissions. Oklahoma follows similar procedures to the Federal Rules of Civil Procedure, with specific timelines and rules for how discovery is to be conducted. For instance, parties have 30 days to respond to discovery requests. The scope of discovery is generally broad, allowing parties to obtain information that is relevant to the claim or defense of any party. However, there are limits to prevent abuse of the discovery process, such as privilege (e.g., attorney-client privilege), irrelevance, or undue burden. It is important for parties to comply with discovery rules and deadlines, as failure to do so can result in sanctions by the court.