Discovery
The pre-trial phase in which each party can obtain evidence, documents, and testimony from the other side.
Governing rule: Fed. R. Civ. P. 26-37
Plain-English definition
Discovery is the formal evidence-gathering phase between the answer and trial. Each party can demand documents, written answers to questions (interrogatories), depositions of witnesses under oath, and admissions of fact. The scope is broad — anything 'reasonably calculated to lead to admissible evidence' — but is bounded by proportionality limits.
In a sentence Plaintiff's discovery requests sought five years of email correspondence and the deposition of every member of the senior leadership team.
How it works
Begins after the Rule 26(f) conference and the court's scheduling order. Tools include: requests for production, interrogatories, requests for admission, and depositions. Disputes are resolved by motion to compel.
Why it matters
Discovery typically accounts for 70-80% of total litigation cost. Motions to compel and protective orders are the daily currency of litigation.