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 Florida, the discovery process in civil litigation is governed by the Florida 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 request information that is relevant to the case and not privileged. The discovery process is designed to prevent surprises at trial and allow both sides to prepare their cases effectively. It can be extensive and includes deadlines for responses and objections. Privileges, such as attorney-client privilege, may protect certain information from being disclosed. The Florida rules also provide guidance on how to handle electronic discovery (e-discovery) and set forth procedures for resolving discovery disputes. Discovery can be a strategic tool in litigation, but it can also be costly and time-consuming, making it a critical aspect of case management for attorneys and their clients.