Also known as: discovery processes · discovery · pretrial discovery
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial procedure in civil litigation that enables parties to obtain relevant information and evidence from opposing parties and third persons through tools such as depositions, interrogatories, and document requests. The process promotes informed settlement and trial preparation while remaining subject to limits on scope, burden, and privilege.
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Deanna Davenport sued Daniel Diaz for breach of contract and served requests for production claiming that Diaz had concealed financial records. Diaz responded that the factual basis for the concealment allegation lacked current support but would likely be confirmed once the requested documents were produced. The court allowed the requests to proceed because the contention was identified as one that discovery would test.
Dominic Drake served interrogatories on Deborah Dunn demanding every detail of her personal finances even though the underlying contract claim involved only a single invoice. Dunn moved for a protective order, arguing that the requests were made without any reasonable effort to tailor them to the dispute. The court sanctioned Drake for failing to make a diligent effort to limit the requests to legally proper matters.
Daphne Doyle, a mid-level manager at Drake Logistics, sent an email to in-house counsel at the direction of her supervisor describing an internal safety issue. When a customer later sued, the customer sought production of the email. The court held the communication privileged because it was made for the purpose of obtaining legal advice and therefore shielded from discovery.
Diane Dawson purchased machinery from Duarte Shipping and accepted delivery after a cursory inspection. Weeks later, during routine operation, Dawson discovered a latent nonconformity that the seller had assured would not exist. Dawson promptly revoked acceptance and the revocation was upheld because the difficulty of earlier discovery justified the delayed action.
Dynamic Solutions mistakenly converted a shipment belonging to Diamond Manufacturing. Upon realizing the error, Dynamic Solutions immediately offered to return the goods and kept the tender open. The court held that the prompt tender after discovery of the mistake prevented liability for conversion damages.
Deanna Davenport and Daniel Diaz participated in mediation to resolve their contract dispute. During the session, Diaz made a statement offering a compromise figure. When the mediation failed and the case proceeded to trial, the court refused to allow discovery or admission of the mediation statement because it was privileged under the uniform act.
A motion to compel must contain a certification that the movant conferred or attempted to confer in good faith with the opposing party. The certification must show meaningful efforts to resolve the dispute rather than a mere recitation that a conference occurred. Courts examine whether the parties engaged substantively on objections such as privilege or scope before seeking judicial intervention.
Materials prepared by attorneys in anticipation of litigation are protected from discovery unless the opposing party shows substantial need and inability to obtain the equivalent without undue hardship. The protection applies even when the materials contain factual information. Courts balance the need for the materials against the policy of protecting attorney preparation.
…as the union of a man and a woman is no historical coincidence. Marriage did not come about as a result of a political movement, discovery, disease, war, religious doctrine, or any other moving force of world history—and certainly not as a result of a prehistoric decision to exclude gays and lesbians. It arose in the nature of…
…of the parties, for the issue of the existence of minimum contacts was never pleaded by appellee, made the subject of discovery, or ruled upon by the Delaware courts. These facts notwithstanding, the Court in Part IV reaches the minimum-contacts question and finds such contacts lacking as applied to appellants.…
…to resolve the controversy are not readily ascertainable through the judicial process; but they are more readily subject to discovery
…prompt motion may quash or modify the subpoena if compliance would be unreasonable or oppressive. This remedy is not a general discovery
…protecting antitrust defendants — who in this case are some of the wealthiest corporations in our economy — from the burdens of pretrial discovery
A court must stay discovery for the time reasonably necessary for a properly appointed special litigation committee to investigate and determine whether the derivative claims are in the partnership's best interests. The stay is automatic upon appointment of the committee except for good cause shown. The court later reviews the committee's independence, good faith, and reasonable care before enforcing any recommendation to dismiss.
Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because it was disclosed or used in mediation. The mediation privilege applies only to the mediation communications themselves. Parties may still obtain the underlying information through ordinary discovery channels.