Discovery is the process parties in litigation use to “discover” the information the opposing party has or is aware of that will assist in prosecuting or defending a case. Long gone are the days when a litigant can come to court with a “smoking gun” piece of evidence that the opposing side was previously unaware of (because the information was requested and not disclosed) and use that evidence to their advantage. The primary tools to conduct discovery are through the use of depositions (oral statements given under oath), interrogatories (written statements requiring verification), requests for production (produce documents or other materials), and requests for admissions (admit to the question).
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