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In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production and depositions.

Under the law of the United States, civil discovery is wide-ranging and can involve any material which is relevant to the case excepting information which is privileged, information which is the work product of the opposing party, or certain kinds of expert opinions. (Criminal discovery rules may differ from those discussed here.) Electronic discovery or "e-discovery" is used when the material is stored on electronic media.

In practice, most civil cases in the United States are settled after discovery[citation needed]. After discovery, both sides usually are in agreement about the strength of each side's case and this produces a settlement which eliminates the expense and risks of a trial.

Discovery in the United States is unique compared to other common law countries. In the United States, discovery is mostly performed by the litigating parties themselves, with relatively minimal judicial oversight. The Federal Rules of Civil Procedure guide discovery in the US federal court system. Most state courts follow a similar version based upon the FRCP, Chapter V "Depositions & Discovery" [1]. This chapter consists of rules 26 to 37, which are further described below

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