Discovery

From the Latin From Latin 'discooperire,' meaning to uncover or reveal..

In one sentence

The legal process where parties exchange information and evidence before trial.

Plain English

Discovery is the phase of a lawsuit where both sides are required to share documents, evidence, and information relevant to the case. This includes emails, contracts, witness statements, expert reports, and anything else that might matter. The idea is to prevent surprise at trial and help both sides understand the strength of the other's case, which often encourages settlement. Discovery can happen through written requests for documents, written questions (interrogatories), depositions (questioning witnesses under oath), and requests for admissions (asking the other side to confirm facts).

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Example

In a car accident lawsuit, the plaintiff's lawyer sends a discovery request asking the defendant's insurance company for all photos of the accident scene, the defendant's statement, and any prior accident reports. The defendant must provide these documents or explain why they can't.

Used in a sentence

During discovery, the defendant was required to produce all emails related to the contract dispute.

Related terms

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.