ABSTRACT
Discovery is the process during litigation, either civil or criminal, by which the parties and their attorneys disclose information relating to the litigation. Discovery is important because it can reveal whether there is sufficient evidence, for example, to continue a case. In a criminal case, discovery allows the accused to see what evidence the prosecution has and thus be more able to develop a defense. Discovery permits a party to gain access to evidence in the opponent's sole possession. It permits one party to anticipate the other party's theories of the case. Discovery improves the productivity of the investigative process by requiring the parties to share names of witnesses. State rules normally require a party to disclose information only if the other party requests, whereas federal rules automatically mandate disclosure of some information. Both systems provide for interrogatories, depositions, requests for admission of fact and law, and requests for production of documents and tangible things.
