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What Is Discovery?

A: After the defendant has filed his response, the parties undergo a process called discovery. As the name suggests, this is a process by which each side “discovers” facts from the other side, or from third parties. In most Virginia courts, the discovery period lasts between 6 to 12 months. In state court, a party may seek to discover any relevant fact which is reasonably calculated to lead to the discovery of admissible evidence. This means that a party may learn information that is not admissible in court, but could lead to the discovery of admissible information. The standard for discovery in federal court is similar. It is usually during the discovery process that the strengths and weaknesses of each side are revealed. Because of this, discovery is often a contentious process. Parties may seek to block the other side from learning information. Many times parties have to request court involvement to either protect disclosure of their information, or to order disclosure of the other side’s information. Further, third parties (such as health care providers) may become involved which can complicate the process. There are a number of different methods to conduct discovery.