Plain-English Definition
The process of gathering information from the other side before trial. You can request documents, ask written questions, or take depositions.
Legal Meaning
The pre-trial process by which parties obtain information from each other and third parties. Discovery methods include interrogatories, requests for production, requests for admission, and depositions. Discovery is governed by procedural rules and deadlines.
Etymology Review
From Old French descovrir and Latin roots meaning “to uncover.” In legal use, discovery is the process of uncovering and exchanging information.
Misuse Warning
Discovery has strict deadlines. Failing to respond to discovery requests can result in court sanctions, including default judgment. Failing to preserve evidence can result in spoliation sanctions.
Boundary Note
Lexicon provides general legal and procedural information for educational purposes. It does not provide legal advice, legal representation, legal interpretation for a specific case, strategy, document preparation, or professional judgment. Meanings can vary by jurisdiction, facts, and procedural posture.