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 Louisiana, the discovery process in civil litigation is governed by the Louisiana Code of Civil Procedure. This process allows parties to obtain evidence from each other or from third parties to prepare for trial. The types of discovery include requests for production of documents, interrogatories (written questions to be answered under oath), depositions (witness testimony given under oath before trial), and requests for admissions. Louisiana law sets forth the rules and limitations for these discovery methods, including the scope of discovery, deadlines for responses, and the assertion of privileges to protect certain information from disclosure. The discovery process is designed to prevent surprises at trial and ensure that both sides have access to the relevant facts, thereby promoting a fair resolution of the dispute. It is important for parties to adhere to the rules and deadlines for discovery to avoid sanctions and to ensure that they can effectively present their case. An attorney can provide specific guidance on navigating the discovery process in accordance with Louisiana's procedural rules.