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 Washington State, the discovery process in civil litigation is governed by the Washington State Rules of Civil Procedure (CR). These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. The discovery process is designed to allow parties to obtain evidence necessary to evaluate and resolve disputes before trial. It is a critical phase where parties can compel others to provide relevant information, subject to certain limitations and privileges that protect sensitive information from disclosure. The rules also establish deadlines for responses and consequences for failing to comply with discovery requests. Discovery can be extensive and costly, but it is essential for the preparation of a case. In federal court cases, the discovery process is similarly regulated by the Federal Rules of Civil Procedure, which provide a framework for the exchange of information in civil cases filed in federal courts.