What Is the Discovery Phase in a Lawsuit?

• November 11, 2025
• Personal Injury

If you’ve filed a lawsuit or are being sued, you’ll soon encounter the discovery phase. Discovery is a key part of the legal process. It’s when both sides exchange information, collect evidence, and build their cases. Whether you’re the plaintiff or the defendant, discovery can make or break your claim. Continue reading to learn more about the discovery phase and what you can expect.

What Happens During Discovery?

During discovery, each side investigates the other’s claims and defenses. The goal is to uncover all relevant facts before trial. This ensures that neither party is caught off guard and that both can prepare fairly.

The main tools attorneys use during discovery are:

• Interrogatories: These are written questions that must be answered under oath. Each side can send a list of questions about the facts of the case.
• Requests for production: This involves asking the other party to produce documents, which may include records, photographs, videos, or accident reports.
• Depositions: Witnesses, parties, or experts give sworn oral testimony. A court reporter records the statements, and attorneys use this information to plan trial strategies.
• Requests for admission: These are statements one party asks the other to admit or deny. Admitted facts don’t need to be proven later.
• Subpoenas: These are used to gather information or testimony from individuals who aren’t directly involved in the lawsuit.

The discovery process helps ensure transparency, allowing both sides to build their cases based on the same set of facts.

Why Is Discovery Important?

Discovery gives both sides a preview of what the opposing side will argue. It can uncover critical facts, reveal weaknesses in a case, or even prompt parties to settle before trial.

For example, if a plaintiff learns the defendant has clear video footage contradicting the claim, that might end the case early. If a defendant finds proof that the plaintiff received serious injuries, they might decide to settle.

How Long Does Discovery Take?

Discovery timelines vary depending on the case’s complexity and the court’s rules. Some personal injury cases wrap up discovery in a few months. Others, especially those involving many parties, technical evidence, or large sums of money, can take a year or longer.

Courts often set deadlines to keep the case moving. If either party doesn’t respond to discovery requests on time, the judge can impose sanctions, such as fines or evidence exclusions.

Can Discovery Be Used in Settlement Negotiations?

Yes, discovery is often used in settlement negotiations. As discovery progresses, each side gets a clearer picture of the strengths and weaknesses of their case. That can lead to settlement talks, mediation, or even voluntary dismissal.

For example:

• If the plaintiff’s medical records show they had no injuries before the accident, that strengthens their claim.
• If surveillance footage shows the plaintiff wasn’t where they claimed to be, that could weaken their credibility.

This is why discovery often serves as a turning point in a case, even if the lawsuit never makes it to trial.

What Should You Do During Discovery?

Whether you’re a plaintiff or defendant, take discovery seriously. You’ll need to:

• Be honest: Lying under oath can lead to serious consequences, including losing your case or being charged with perjury.
• Respond on time: Missed deadlines can hurt your case.
• Communicate with your attorney: Tell your lawyer everything, even if you think it might hurt your case. Surprises during discovery can be dangerous.

Taking discovery seriously helps your attorney build the strongest case possible and prevents unexpected issues from derailing your claim.

Contact the Yakima Personal Injury Lawyers at Montoya Hinckley Injury Lawyers for Help Today

Discovery is one of the most important stages of any lawsuit. It allows both parties to gather evidence, clarify the facts, and understand the strengths and weaknesses of their positions. The outcome of your case, whether you go to trial or settle, often hinges on what’s uncovered during this phase.

If you’ve been injured by someone else’s negligence, Montoya Hinckley Injury Lawyers is here to help. From investigating the accident, going through discovery, and obtaining compensation, our Yakima personal injury attorneys can guide you through the process. Contact us today at (509) 895-7373 for a free consultation.