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 Virginia, the discovery process in civil litigation is governed by the Virginia Rules of Civil Procedure. These rules outline the methods and scope of discovery, including the exchange of documents (requests for production), written questions (interrogatories), oral depositions, required disclosures, and subpoenas to third parties. The purpose of discovery is to allow parties to obtain evidence that is relevant to the case, which can be critical for building a legal strategy. The process is designed to prevent 'trial by ambush,' where one side is unaware of the evidence the other side will present. Virginia's rules specify the time frames for responding to discovery requests and outline the circumstances under which a party may object to a request, including claims of privilege or that the request is overly burdensome. It is important for parties to adhere to these rules, as failure to comply with discovery obligations can result in sanctions by the court. Discovery can be a complex and strategic part of litigation, and parties often engage attorneys to navigate this process effectively.