Discovery: Getting Information From the Other Side

How civil discovery works: initial disclosures, interrogatories, document requests, requests for admission, depositions, subpoenas and motions to compel. This Lawtopolis course on discovery has 5 short lessons and a quiz, and every lesson links to the official rule text.

What you will learn about discovery

• The scope of discovery under FRCP 26(b)(1)
• How written discovery works and the 30-day response deadline
• What happens if you ignore requests for admission
• How to handle disputes and protect privileged material

Who this course is for

• Parties in a civil case
• Paralegals and students

Lessons in this course

1. The scope of discovery

Under FRCP 26(b)(1), parties may obtain discovery of any non-privileged matter that is relevant to a claim or defense and proportional to the needs of the case. Proportionality weighs factors such as the importance of the issues, the amount in controversy, the parties’ access to information and resources, and whether the burden outweighs the likely benefit.

2. Written discovery

Because unanswered requests for admission are deemed admitted, they are one of the most dangerous papers to ignore. See Interrogatories, Requests for production, Requests for admission and Motion to withdraw admissions.

3. Depositions and subpoenas

A deposition is sworn testimony taken outside court and recorded by a court reporter (FRCP 30). Unless the parties agree or the court orders otherwise, a deposition is limited to one day of seven hours, and each side may take up to ten depositions without leave of court.

4. Privilege, disputes and motions to compel

Attorney-client communications and attorney work product are generally protected from discovery. If you withhold something as privileged, FRCP 26(b)(5) requires you to say so and describe what you are withholding, usually in a privilege log. A party can also ask for a protective order under FRCP 26(c) to limit discovery that is unduly burdensome or invades confidential information.

5. Putting it into practice: running discovery

Now that you know the rules, this lesson turns them into steps you can follow. First, work through the checklist in order. Then, before you file or serve anything, compare your work with the common mistakes below and with your court’s own rules.

Next steps after this discovery course

When you finish, take the quiz to check your understanding. After that, keep going with the related pages in the Motions & Procedures library, the Legal Glossary and the Research Center. For the official text, read the current federal rules on uscourts.gov, and also check your own court’s local rules.

Lawtopolis provides legal information and education, not legal advice. Rules change, so check the current version of your court’s rules before you file.

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