Discovery is the factfinding process in civil litigation in which the parties to a lawsuit exchange requests for the production of documents and other tangible items (requests for production); written questions to be answered under oath (interrogatories); witness testimony to be provided by oral deposition; disclosures that may be required under the applicable rules without request from an opposing party; and requests or subpoenas to third-parties (who are not parties to the lawsuit) for the production of documents or tangible things, or the giving of testimony by oral deposition, for example.
The discovery process is one of the most important, time-consuming, and often expensive parts of civil litigation. The discovery process—including the scope of discovery requests, deadlines to respond, and privileges from responding—are usually governed by the state or jurisdiction’s rules of civil procedure or code of civil procedure. For example, in federal court discovery is governed by the Federal Rules of Civil Procedure.
In Texas, the discovery process in civil litigation is governed by the Texas Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. Parties may request information that is relevant to the case and not privileged. The discovery process is designed to allow parties to obtain the necessary information to prepare for trial, but it must be conducted in a way that is consistent with the rules designed to prevent abuse. Texas law also provides for certain deadlines and limitations on discovery to ensure that it is conducted efficiently and to avoid undue burden or expense. For example, there are limits on the number of interrogatories that can be asked, and parties must typically respond to discovery requests within 30 days. Additionally, certain information may be protected from discovery by privileges, such as attorney-client privilege or work product doctrine. In federal court cases, the Federal Rules of Civil Procedure apply, which have similar provisions for discovery but may differ in specific rules and procedures.
