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 Tennessee, the discovery process in civil litigation is governed by the Tennessee Rules of Civil Procedure, which outline the methods and scope of discovery, as well as the timelines and obligations of the parties involved. Parties may request the production of documents, submit interrogatories, and conduct depositions of witnesses. The rules also cover mandatory disclosures that must be provided without a formal request, and the use of subpoenas for third parties to produce documents or provide testimony. Discovery is designed to allow parties to obtain the necessary information to prepare their cases for trial, but it is subject to limitations to prevent abuse, such as respecting the privacy of non-parties and recognizing certain privileges that protect against disclosing confidential information. The process can be complex and may require the assistance of an attorney to navigate effectively.