Legal Dictionary
Discovery
Definition
The pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party.
Deep Dive
Discovery is the pre-trial phase in a civil lawsuit during which each party can obtain evidence and information from the opposing party or from third parties. Governed by rules of civil procedure, the primary purpose of discovery is to prevent surprises at trial, to narrow the issues in dispute, to preserve evidence, and to encourage fair out-of-court settlements by ensuring that all relevant facts are known to both sides before litigation proceeds to trial.
Examples & Use Cases
- 1A plaintiff's attorney sends interrogatories to the defendant, asking for details about their operations and involvement in the incident.
- 2A defendant requests the production of all relevant emails, text messages, and internal memos from the plaintiff related to a breach of contract claim.
- 3In a product liability case, attorneys for the injured party depose engineers and executives from the manufacturing company to understand the product's design and testing history.
Related Terms
InterrogatoriesDepositionSubpoenaPre-trial Conference