Discovery

What discovery means

In practice, you will see discovery in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where discovery comes up

For example, the term appears in these procedures:

• Initial Disclosures (Fed. R. Civ. P. 26(a)(1)): information each party must share without being asked, such as people likely to have discoverable information and documents it may use.
• Interrogatories (Fed. R. Civ. P. 33): written questions one party serves on another party, answered in writing under oath.
• Requests for Production of Documents (Fed. R. Civ. P. 34): requests that another party produce documents, electronically stored information or tangible things, or permit inspection.
• Depositions (Fed. R. Civ. P. 30): questioning of a witness under oath, outside court, with a record made of the testimony.

How to research the term

To research discovery, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Initial disclosures: basic information each party must provide early in a federal case without waiting for a discovery request.
• Interrogatory: a written question served on another party that must be answered in writing under oath.
• Request for production: a discovery request asking another party to produce documents, electronically stored information or tangible things.
• Deposition: out-of-court testimony given under oath and recorded, usually in question-and-answer form.
• Deponent: the person whose deposition is being taken.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.