Discovery and evidence
Discovery
Discovery is the pretrial process in which each side must hand over the evidence and information relevant to the case.
In civil cases it is broad and party-driven: written questions, document demands, depositions, and expert reports flow between the lawyers without the judge unless there is a fight. The scope covers anything relevant to a claim or defense and proportional to the needs of the case.
Criminal discovery is much narrower. The government must disclose the defendant's own statements, its documents and objects, examination reports, and expert summaries, plus constitutionally required favorable evidence, but there is no general right to depose the government's witnesses.
Discovery is also where most of the cost of litigation lives. Document review, depositions, and expert work consume the majority of legal fees, which is why so many cases settle at the close of discovery rather than at trial.
How it appears on a docket
JOINT STATUS REPORT: the parties have exchanged initial disclosures, served written discovery, and taken four of eleven anticipated depositions. Fact discovery closes 8/1/2026.
Governing rule
Fed. R. Civ. P. 26; Fed. R. Crim. P. 16
Related terms
- Deposition — A deposition is sworn out-of-court testimony taken in front of a court reporter, where lawyers question a witness on the record.
- Motion to Compel — A motion to compel asks the judge to order another party to answer discovery or produce documents it has withheld.
More on discovery and evidence
See this term in a real case
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