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 Rhode Island, the discovery process in civil litigation is governed by the Rhode Island Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. The process allows parties to obtain evidence from each other to prepare for trial. Discovery can be extensive and must be completed within the time frames set by the court. The rules also address issues such as objections to discovery requests, claims of privilege, and the protection of work product. It is designed to make the litigation process transparent and fair, ensuring that both sides have access to the necessary information to argue their case. Parties may also issue subpoenas to third parties for the production of documents or depositions. The cost and duration of discovery can vary significantly depending on the complexity of the case and the amount of information to be exchanged.