What Discovery means
Discovery generally refers to a litigation or arbitration process for exchanging documents, information, and testimony. The exact effect depends on the document, governing law, facts, and defined terms.
Business example
A contract dispute may involve requests for signed agreements, emails, invoices, system logs, approval records, and testimony from people involved in performance.
Do not confuse it with
Discovery is an evidence-gathering phase. It is not the same as an informal internal investigation or the public search for court filings.
What to check in the file
- Preserve potentially relevant records when a dispute is reasonably anticipated.
- Keep originals and document collection decisions.
- Do not delete, alter, or casually forward relevant records.
- Use counsel for holds, privilege, scope, objections, and production.
Sources to verify
Start with the linked authority, then check the governing document and the current agency, court, or state source that applies to the situation.
Before sharing records
- Keep originals in a controlled file and review a clearly dated working copy.
- Redact sensitive data unless the recipient is authorized and needs it.
- Label each document with its date, parties, version, jurisdiction, and status.
- Ask one focused question and identify the desired business outcome.