Discovery

What it means

Discovery is the stage of a lawsuit where each side has to hand evidence over to the other. It starts after the complaint is filed and runs before any trial. In federal court, Rules 26 through 37 of the Federal Rules of Civil Procedure set the ground rules.

The main tools are requests for documents and data, written questions called interrogatories, depositions (questioning under oath, usually outside the courtroom) and requests to admit that a fact is true. A party can ask for anything that is not privileged, relates to a claim or defense and is proportional to the needs of the case.

In a class action, discovery often decides how many people were affected, what the company knew and what its records show. Courts often split it, dealing with class questions first and the main dispute later. Some class actions settle early, before much discovery has happened. When that occurs, the judge can ask the lawyers what information they relied on before approving the deal.

What it means for you

As a class member, you almost never take part in discovery. Requests go to the parties, which in a class action means the company and the named plaintiffs. Courts limit discovery from other class members, though they do not ban it outright.

Discovery still shapes what you see on a notice. The class definition, the class period and the size of the deal rest on what the lawyers learned about the company's practices and records. That is how a notice can say exactly who is covered and when. For where discovery fits, see how a class action works from start to finish.

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