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 Georgia, the discovery process in civil litigation is governed by the Georgia Civil Practice Act, specifically under Title 9 of the Official Code of Georgia Annotated (O.C.G.A.). The discovery process allows parties to obtain evidence from each other or from third parties through various means, including 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. Georgia law sets forth the rules and limitations for these discovery methods, including the scope of discovery, which generally allows for the exchange of any non-privileged information that is relevant to any party's claim or defense and proportional to the needs of the case. Deadlines for responding to discovery requests are also established by state law, and parties may assert various privileges to protect certain information from being disclosed, such as attorney-client privilege or work product doctrine. While Georgia's discovery rules are similar to the Federal Rules of Civil Procedure, there are state-specific nuances and procedural requirements that must be followed. Discovery can be a strategic tool in litigation, but it can also lead to disputes over the breadth of information requested, which may require resolution by the court.