Who typically conducts the discovery process?

The discovery process in civil litigation is a vital phase where both parties involved in the case gather information, evidence, and testimonies that are relevant to the dispute. This collaborative effort is essential for ensuring a fair trial, as it allows each side to understand the other's position, thereby promoting transparency and the opportunity for informed negotiations or settlements.

Both parties engage in various discovery methods, such as interrogatories, requests for production of documents, depositions, and requests for admissions. This mutual exchange is critical, as it helps narrow the issues for trial and can sometimes lead to resolutions before the case even reaches a courtroom. The active participation of both the plaintiff and defendant fosters a more equitable judicial process, which is fundamental in upholding the principle of justice.

In contrast, the judge oversees the overall litigation process and ensures that discovery rules are followed but does not directly engage in conducting discovery. The plaintiffs or defendants operate independently to gather the necessary information, making option C the correct answer. The jury's role comes into play during the trial, where they evaluate the presented evidence and make determinations based on the facts established, rather than participating in discovery.