Discovery: Discovery is how the two parties in a lawsuit gather information relevant to the case. They may gather information from each other or from a third party. During discovery, laws are researched, documents reviewed and organized, and witnesses interviewed. These actions help determine the merits of claims and defenses. Since each case is different, it's impossible to say how long the discovery process will take. It will be determined by the issues surrounding the case. However, it's usually the longest part of the case. Discovery begins after a lawsuit is filed and continues until shortly before trial.
During the process, information is gathered formally through:
- Written questions called "interrogatories"
- Requests for copies of documents
- Requests for admission where one of the two parties is asked to admit or deny statements of fact
