Civil Litigation: Discovery

Discovery is the method that litigants (parties to a lawsuit) use to obtain evidence for use at trial. Parties generally exchange all discoverable evidence with the opposing side. This system is useful in forcing settlements since both parties are aware of the evidence that would be used in court in the litigation. Sine both parties are aware of what the likely outcome of the litigation will be parties frequently (but not always) settle.

Discovery in California is governed by the California Rules of Civil Procedure and simply put it is the pre-trial procedure where a party to the lawsuit gains information held by another party. This is usually done through written methods such as interrogatories (questions), request for production of documents, or requests for admissions. Discovery can also be in the form of depositions (the statements of witnesses under oath which are recorded by a court reporter) or site inspections and/or physical inspections. Discovery is quite liberally interpreted. All items discoverable are items generally relevant and calculated to lead to admissible evidence. Quite frequently there are disputes as to what information is discoverable in the course of the legal proceeding.