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"Discovery" Process in a Civil Action

"Discovery" is the process each party can use to learn what evidence the other side has about the dispute. The discovery process takes time, and can be expensive, intrusive and frustrating, especially if you do not have the help of an attorney. Discovery may not be needed in very simple cases, but both parties have a right to use discovery to get relevant information that the other party has about the facts of the case.

The basic types of discovery include depositions (oral or written testimony), written interrogatories, production of documents or things, and requests for admission. See MN Rules of Civ. Pro. 26.01 for a complete list of discovery methods. 

NOTE: The courts do NOT publish sample civil discovery forms. You should talk with a lawyer, or you may be able to find sample discovery forms or additional information on the civil discovery process at a law library.

Types of Discovery

Description

Depositions

Deposition Upon Oral Examination:  The person being deposed is questioned under oath or affirmation (in other words, the person is testifying).  An officer (person who is able to administer oaths and take testimony) records the deposition either by sound, sound-and-visual, or stenographic means. See MN Rules of Civ. Pro. 30 for more information about required notices and procedures for depositions. A deposition is arranged by the parties or their lawyers, and is not done in front of a judge. In certain circumstances, the testimony given at the deposition can be used as evidence at a later court trial, but only as allowed by MN Rules of Civ. Pro. 32.

Deposition Upon Written Questions: The party taking the deposition sends written questions to the person being deposed. An officer records the person's responses to the written questions. See MN Rules of Civ. Pro. 31.

The party that deposes a witness has to pay the costs of a deposition (Example: The officer who records the deposition usually charges a fee for his service.)

Interrogatories

Interrogatories are written questions about things that are relevant, or important, to the case. A party can serve another party with up to 50 interrogatories. Written answers to the questions must generally be sent back within 30 days. For more information, see MN Rules of Civ. Pro. 26.02 and Rule 33.

Request for Production of Documents or Things

Any party can serve another party with a "Request for the Production of Documents or Things." In this type of discovery, the requesting party asks the other party to produce a particular document or item, and to allow the requesting party to inspect and copy, test, or sample the document, item or electronically stored information. See MN Rules of Civ. Pro. 34.

Requests for Admission

A party uses this type of discovery to ask another party to admit or deny certain facts pertaining to the case. Statements that are not denied or objected to within 30 days (some exceptions apply) are considered to be admitted. See MN Rules of Civ. Pro. 36.

Discovery generally does not involve going to court. However, if there are problems, a party can file a Motion with the court and ask the judge to compel (order) a party to respond to a discovery request or impose consequences (fines, fees or other sanctions) if a request is unreasonable, a party is not responding appropriately or on time, or for other reasons allowed by the Rules. The Rules on preparing a Motion, serving it on the other party and filing it with the court are online at MN Rules of Civ. Pro. 30-36.

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