Also known as: pre-trial civil discovery · pretrial discovery · civil discovery · discovery
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism allowing parties in a civil action to obtain relevant information and evidence from each other and third parties before trial through depositions, interrogatories, document requests, and related devices.
Priya Prasad sued Prism Analytics alleging data misuse. Her counsel filed a motion asserting specific internal reports existed. After limited initial review, counsel certified that the factual claims would gain support through upcoming document production. The court accepted the certification because the opportunity for further discovery satisfied the required basis.
Portia Price, representing Phoenix Technologies, served broad interrogatories seeking every employee email from five years before the contract dispute. Opposing counsel objected that the requests lacked any reasonable basis tied to the claims. The court later sanctioned Price for failing to make a diligent effort to limit the requests to proper matters.
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Paul Peterson, in-house counsel for Prime Logistics, interviewed a mid-level warehouse supervisor at the direction of the general counsel to prepare for anticipated litigation over a shipping accident. The supervisor's notes and statements remained protected from production even though the supervisor held no management authority.
Pablo Perez bought industrial equipment from Pinnacle Holdings. After acceptance, Perez discovered a latent defect that the seller had assured would not exist. Because the difficulty of earlier detection reasonably induced acceptance, Perez revoked acceptance within a reasonable time after the defect surfaced.
Piper Patel received converted equipment under a good-faith but mistaken belief of ownership. Upon learning the true owner, Patel promptly tendered the equipment back and kept the offer open. The tender prevented further liability for continued possession.
Pedro Pacheco and a former partner mediated a contract dispute. Statements made during the session remained shielded from later discovery requests in the ensuing litigation because the mediation communications carried statutory privilege that the parties had not waived.
A lawyer who presents a motion or response containing factual contentions without evidentiary support or a reasonable basis for later discovery may face sanctions under the applicable rules. The certification requirement applies even when the lawyer expects future investigation to supply the needed facts.
A lawyer who knowingly instructs a nonlawyer vendor to destroy or withhold documents known to be responsive to proper discovery requests engages in professional misconduct. Responsibility cannot be avoided by delegating the improper act to an agent.
Communications from any corporate employee to counsel, made at the direction of superiors for the purpose of obtaining legal advice, receive protection. The privilege is not limited to the control group of top executives.
…uses." Myers v. United States , 272 U. S. 52, 151. The Ninth Amendment to the Constitution may be regarded by some as a recent discovery and may be forgotten by others, but since 1791 it has been a basic part of the Constitution which we are sworn to uphold. To hold that a right so basic and fundamental and so deep-rooted in…