What is the difference between discovery and disclosure in civil litigation?

The difference between “discovery” and “disclosure” in civil litigation has to do with the sharing of evidence between the two sides of a legal dispute. “Disclosure” is the process of providing information on the case to the opposing side. In Washington, this generally happens at the start of a case, but can continue throughout the course of litigation. The type of information shared in disclosure is generally limited to what is already known to the party, such as facts and documents. “Discovery” is the process of one party seeking information or evidence not already known to them from the opposing party. This is done through the use of written requests, such as interrogatories and requests for admission, as well as requests for production of documents, depositions, and physical or mental examinations. It is the responsibility of the party making the discovery requests to produce the evidence, and the opposing party to respond to them. In civil litigation, discovery and disclosure are two distinct processes. Disclosure is used to provide necessary information at the start of a case and throughout the proceedings, while discovery is used to access information from the opposing party. In Washington, both forms of evidence sharing are used to ensure that all parties involved in the case have access to the relevant information for a fair resolution.

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