What is discovery in a lawsuit?

Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026

Discovery is the formal exchange of information between the parties in a lawsuit. It's where most of the time and money go — often 6 to 12 months of back-and-forth in a typical civil case. Know the four main tools and the process stops feeling like a black box.

Interrogatories — written questions answered under oath

One side serves written questions; the other answers in writing, under oath. Each side usually gets a set number — 25 in federal court, with states varying — and answers due in about 30 days. They cover the facts of the dispute, who the witnesses are, and how damages are calculated.

Requests for production — hand over the documents

Demands for documents, emails, photos, contracts, business records, and electronic data. Big cases often turn into massive electronic discovery ("e-discovery"). The other side can object if a request is too broad or too burdensome.

Depositions — recorded testimony under oath

A lawyer questions a witness under oath while a court reporter records every word (sometimes on video). Each one typically runs about 7 hours. This is where cases are often won or lost — whatever a witness says is locked in for trial.

Requests for admission — pin down the facts

Asks the other side to admit specific facts, so nobody has to prove them at trial. Ignore one and it's usually treated as admitted. A simple, powerful way to shrink what's actually in dispute.

Discovery fights are normal

Parties routinely clash over what's relevant, what's privileged, and what's too burdensome to produce. Motions to compel and motions for protective orders can eat up serious time and fees in a contested case.

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NotALawyer.com provides general legal information, not legal advice.