What is the role of discovery in the civil process?

The role of discovery in the civil process is fundamentally about allowing parties to obtain evidence and information from one another before trial. This phase is crucial, as it ensures that all parties have the opportunity to prepare their cases adequately and understand the evidence that will be presented. Through various methods such as interrogatories, depositions, and requests for documents, discovery facilitates transparency and helps to prevent surprises during the trial.

By enabling both sides to share information, discovery promotes a more fair trial process, as it ensures that both parties are aware of the evidence and can explore the issues at hand thoroughly. This collaboration and exchange of information can often lead to resolving disputes without the need for a trial, as parties may find common ground or weaknesses in their respective cases.

This understanding underscores the importance of discovery in civil litigation, distinguishing it from other processes like mediation or final arguments, where the focus shifts to dispute resolution or the presentation of the case, rather than information gathering.