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Discovery
Discovery is the formal process before trial where both sides exchange information and evidence relevant to the case.
What it actually is
Discovery is a pre-trial phase in civil and criminal cases where each party can request documents, answer written questions, give sworn oral testimony, or inspect physical evidence from the other side. It appears after the initial pleadings are filed and before any trial or settlement discussions, governed by rules that vary by state and court.
Why it matters in your case
It prevents surprises at trial by forcing both sides to reveal their evidence and arguments in advance. For someone in a case, discovery allows you to learn the strengths and weaknesses of the opposing side’s case, which can lead to settlement or better trial preparation.
The common misunderstanding
Many people think discovery is optional or that they can refuse to participate, but in most cases it is mandatory and failure to comply can result in court penalties. Another common misunderstanding is that discovery only involves documents, when it also includes depositions, interrogatories, and requests for admission.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.