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 West Virginia, the discovery process in civil litigation is governed by the West Virginia 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 also issue subpoenas to third parties for documents or depositions. The discovery process is designed to allow parties to obtain evidence necessary to support their claims or defenses, ensuring that both sides have access to relevant information before trial. It is indeed a critical phase of litigation that can be complex and costly. The rules also address deadlines for responses and assert privileges to protect certain information from disclosure. Attorneys play a key role in managing the discovery process, ensuring compliance with procedural rules, and protecting client interests.