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 Wyoming, the discovery process in civil litigation is governed by the Wyoming Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, 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 rules also establish the time frames within which parties must respond to discovery requests and assert any applicable privileges to protect certain information from being disclosed. Discovery can be extensive and costly, but it is a crucial phase of litigation that contributes to the fair resolution of disputes by ensuring that both sides have access to pertinent facts and information before trial.