Discovery
The longest phase of a civil case — initial disclosures, depositions, interrogatories and document requests, running in both directions.
What it is
Discovery is the formal process of obtaining evidence from the other side and from third parties. It's usually the longest phase of a civil case.
How it starts
Rule 26(f) requires the parties to confer as soon as practicable to consider the case, discuss settlement possibilities, arrange for initial disclosures, and develop a proposed discovery plan.
What gets handed over without being asked
Rule 26(a)(1) requires each party to make initial disclosures covering individuals likely to have discoverable information, documents the party may use to support its claims or defenses, a computation of damages, and any applicable insurance agreements.
The court sets the calendar
Rule 16(b) requires the court to issue a scheduling order limiting the time to join parties, amend pleadings, complete discovery, and file motions.
The tools
Depositions (Rule 30) are sworn oral questioning, transcribed by a court reporter. Interrogatories (Rule 33) are written questions answered under oath. Requests for production (Rule 34) seek documents and records. Requests for admission (Rule 36) ask a party to admit or deny specific facts.
The boundary, and what it means practically
Rule 26(b)(1) sets the scope as any nonprivileged matter relevant to a party's claim or defense and proportional to the needs of the case. Discovery runs in both directions: a plaintiff can obtain personnel files, internal communications, and comparator information — and will also be asked to produce records and sit for a deposition.
Sources
Fed. R. Civ. P. 16, 26, 30, 33, 34, 36.
Red flags to watch for
- A damages computation you can't back up with records
- Missing the Rule 26(f) conference or the disclosure date
- Documents you'd rather not produce — they're likely discoverable anyway
Next up
Mediation and Settlement in Federal Court
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