In civil litigation, what does "discovery" refer to?

In civil litigation, the term "discovery" specifically refers to the process of gathering evidence and information from the opposing party. This critical phase allows both parties to obtain pertinent facts and documents, which helps in preparing their cases for trial. Discovery ensures that both parties are aware of the evidence that may influence the outcome of the case, promoting fairness and reducing surprises during the trial itself.

During discovery, a variety of tools are employed, including interrogatories (written questions), requests for production of documents, depositions (sworn statements taken outside of court), and requests for admissions. This process not only helps clarify the issues at hand but also assists in evaluating the strengths and weaknesses of both sides’ arguments, ultimately facilitating informed decision-making regarding settlement possibilities or trial strategies.

Other options presented do not adequately capture the essence of discovery in civil litigation, as they pertain to different phases of the legal process. For example, the time period for filing appeals comes after a trial has concluded, while the final stage of a trial involves closing arguments and verdict delivery, and the phase for preparing jury instructions is aligned with trial proceedings rather than discovery.