What is discovery in civil litigation?

Discovery in civil litigation is the process of obtaining information and evidence related to a case before it goes to trial. This process is meant to help both sides of a case to better understand the facts and have a better understanding of the opposing arguments. In California, the discovery process typically begins with the plaintiff or defendant filing a request for production of documents. This request typically involves asking for information related to the case. This could include emails, images, documents, and other data. The other side then has 30 days to respond to this request. If the request is not answered within the 30-day period, the court may decide to enter an order that forces the other party to comply with the request. If documents are produced in response to a request for production, both sides will use the documents to gain more information. For example, both sides may send interrogatories, which are written questions related to the case. The other party then has 30 days to answer the questions. Depositions are another form of discovery. They involve witnesses that can be questioned under oath. Depositions are typically taken outside of a courtroom and the witness can be asked questions related to the case. Answers to these questions can be used as evidence during the trial. In California, discovery typically ends once each side of the case has collected enough information and evidence to present their cases during the trial.

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