Discovery
The pretrial process where both sides in a lawsuit exchange information, documents, and evidence.
Discovery is the stage of a lawsuit where each side gathers information from the other side and from third parties. The goal is to prevent surprises at trial by making sure both sides know the relevant facts and evidence before the case is heard.
Common discovery tools include interrogatories (written questions the other side must answer under oath), requests for production of documents, requests for admissions, and depositions (in-person sworn testimony). Minnesota’s Rules of Civil Procedure govern how discovery works and set limits on what can be requested.
Why it matters: Discovery can be the longest and most expensive part of a lawsuit. However, it is also where cases are often won or lost – the information uncovered during discovery frequently leads to settlements. If you receive a discovery request, you are legally required to respond within the deadline.
Example: In a contract dispute, the plaintiff sends the defendant interrogatories asking about communications related to the contract and requests copies of all emails between the parties. The defendant must respond truthfully and produce the requested documents.
Civil lawsuits and some criminal cases, between the initial filings and trial