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Glossary

Discovery

The stage of a lawsuit in which each side must share documents and answer questions under oath.

Last reviewed By the Editorial team 1 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Discovery is the stage of a lawsuit in which each side gathers information from the other before trial. The main tools are written questions called Interrogatories. Written questions that one side in a lawsuit sends to the other side, which must be answered in writing and under oath. Glossary, requests for documents, requests to admit facts, and depositions. Answers are given under oath.

In a car accident claim#

Discovery begins after a Complaint. The document that starts a civil lawsuit. It names the parties, describes what happened and says what the person suing asks the court to award. Glossary is filed and the defendant responds. In a crash case, the defense usually asks for medical records, including older ones, employment and pay records, and your account of the crash. Your side can ask for the other driver's account, phone records from the time of the crash, insurance information and, in a truck accident, the carrier's driver logs and maintenance files.

There are limits. In federal court, a party may serve no more than 25 interrogatories without permission, and the other side has 30 days to answer. Each side may take up to 10 depositions without agreement or a court order. A court may also step in: a court may, for good cause, limit or forbid discovery to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. State courts have their own rules. See filing a lawsuit and the deposition guide for how each piece works.

Example#

Questions people ask

Do I have to answer discovery requests?

Yes, unless a valid objection applies. Answers are given under oath, and a court can order a party to respond. Your lawyer can object to requests that go too far.

How long does discovery take?

It depends on the court and the case. Judges usually set a schedule with a deadline to finish discovery, and cases with many witnesses or experts take longer.

Sources

  1. Cornell Law School, Legal Information Institute, Wex: discovery — general definition and discovery tools
  2. United States Courts, Glossary of legal terms — discovery and interrogatories
  3. Cornell LII, Federal Rules of Civil Procedure, Rule 33 — interrogatories
  4. Cornell LII, Federal Rules of Civil Procedure, Rule 30(a)(2)(A)(i) — as of October 2026
  5. Cornell LII, Federal Rules of Civil Procedure, Rule 26(c) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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