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, interrogatories, depositions, and required disclosures. Parties may request documents, tangible items, and testimony relevant to the case. The process is designed to allow parties to obtain necessary information before trial, ensuring that both sides can prepare their cases effectively. Discovery can be extensive and must be completed within the time frames set by the court. Texas law also recognizes certain privileges that may protect parties from having to disclose certain information. The discovery process in Texas is similar to the federal system, which is governed by the Federal Rules of Civil Procedure, but there may be specific state nuances that apply. It is often one of the most critical phases of litigation due to its role in gathering evidence, and it can be costly and time-intensive.
