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What Happens During Discovery?

Dena Standley | April 23, 2024

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Discovery can be an overwhelming legal process, especially for consumers dealing with debt collectors who have no legal experience and limited funds. Luckily, creditors and debt collectors are often willing to settle outside of court. Use SoloSettle to initiate your debt negotiation journey and avoid lengthy court processes like discovery requests. 

Summary: Discovery with a debt collector can be overwhelming for a consumer without legal experience and limited funds. Creditors are often willing to settle out of court. Use SoloSettle to initiate a negotiation process and avoid lengthy court processes.

Discovery happens in the early stages of a lawsuit when the plaintiff and the defendant exchange information and evidence related to the case. This exchange of information enables both parties to prepare their arguments. Discovery also plays a crucial role in narrowing the focus to the issues that will be addressed during the lawsuit.

In the next section, SoloSuit will explain the discovery process, its rules and processes, what can be shared, and its limits.

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What happens during the discovery phase in a lawsuit?

The discovery process is the second stage in litigation, during which both parties collect relevant information to help build their case. The information shared ranges from evidence each side has to support their case and witnesses they want to bring to solidify their argument. Both parties can also request documents or information they may only access when the opposing party permits.

The Federal Rules of Civil Procedure contain discovery rules governing the discovery process, but each state requires the parties to also adhere to its requirements. The discovery process can be conducted in two ways: formal and informal.

Formal and informal discovery process

Formal discovery follows civil procedures to gather information. Methods used include interrogation, depositions, and document requests. The informal discovery process is done outside the legal process. Techniques used include interviewing willing people, taking photos of documents or damages, and internet and public record searches. The following table summarizes the key differences.

Formal Discovery vs Informal Discovery
Formal Informal
Follows the rules of civil procedure Not required to follow the civil procedure
Occurs at a specific agreed time Can start and end at any time
Additional attorney and court fees make it more costly Cost-effective compared to the information gathered
Interrogations, depositions, and information shared Friendly interviews, scene details, and leads by client

Does the discovery process appear overwhelming? End the lawsuit early by negotiating with your creditor. Start working on your settlement offer with SoloSettle.

Types of discovery procedures

The formal discovery process requires specific legal procedures to gather information. They include the following:

  • Deposition occurs when the plaintiff or defendant asks the other party or their prospective witness to respond to questions under oath. The information can be used to adjust the lawyer’s strategy or impeach the person's credibility when the statements do not march in court and during the deposition.
  • Request for documents: Both parties request various documents relating to the lawsuit. For example, your creditor may ask for records or statements showing that you are not the person owing the debt or that you paid.
  • Request for admission: Helps to narrow down the dispute by letting either party admit or deny certain facts. For example, the creditor may ask you to admit under oath that the debt is yours. Once you admit, the argument in court will be the inaccurate figures or the fact that you paid or the debt was canceled.
  • Interrogatories: These are written questions sent by either party to the other for a response. Any discrepancies may be challenged for credibility in court.

We interviewed a lawyer to learn more about the discovery process in a civil law context. Check out the following video to learn more about how discovery works from a licensed and practicing attorney:

What can be discovered?

The general rule in discovery is that both parties should share and obtain information that directly pertains to the lawsuit. The following are examples of details you or the debt collector’s attorney can ask for during discovery:

  • What either party did, saw, or heard that connects to the case.
  • Anything said during a conversation that relates to the case. For example, the defendant may have evidence that a debt collector agent used abusive language when contacting them about a debt.
  • Reveal the identity of anyone who has information about the dispute. For example, if a creditor contacts a family member and provides details about your debt, that is a violation of your consumer rights. You may want that relative to testify to prove your allegations.
  • The details of how the creditor runs the debt collection process.
  • Documents showing you paid the debt, or you sent a Debt Validation Letter for verification and the evidence to show it was delivered to the creditor, and they did not respond.
  • Evidence proving the creditor attempted to collect from you before filing a lawsuit.
  • Documents showing a witness's personal, educational, and professional background.

The court expects both parties to comply with the discovery rules. Tampering with the process or evidence can result in sanctions. The creditor may also attempt to make unreasonable requests in the hope that you will give up on the case. If you or your attorney feel this is the strategy the creditor is attempting to use, you have a right to object to the request.

The discovery phase of a lawsuit has limits

In the push to win the case, both sides may attempt to pry into subjects that do not relate to the case but only to embarrass or annoy the opponent. Fortunately, the law limits how far the discovery process can go in gathering information. Limitations to this process include the following:

  • Confidential conversations: Under the state and federal civil law procedure, you are not required to disclose information you shared or was shared with you in confidentiality, whether verbal or written.
  • Private matters: The right to privacy entails leaving out information irrelevant to the lawsuit, and the person would not reveal or discuss it with an outsider. This information includes illness, body issues, sexual partners or practices, and religious beliefs.
  • Third-party privacy rights: Courts limit the information you can acquire for someone not directly related to the lawsuit—for example, witnesses, family members, and co-workers.

The litigation process is time-consuming and exhausting. To increase the chances of winning your debt lawsuit, file an Answer document into your case. SoloSuit's Answer document templace guides you on how to respond to the allegations and the affirmative defenses to include to build your case.

FAQs about discovery in a civil lawsuit

What happens during settlement negotiations after the discovery phase?

New information obtained during the discovery phase may be used by both parties in settlement negotiations. Ideally, the case can be resolved without going to trial. For example, if you present evidence that your consumer rights were violated, the creditor may be willing to drop the case or negotiate for a lower settlement amount.

What is the primary goal of the discovery phase?

The primary purpose of discovery is to ensure that both sides have access to relevant information and evidence related to the case. It often spurs settlement negotiations and ensures there are no surprises if the case proceeds to trial.

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