Discovery is the stage of a case, before any trial or final hearing, where each side can formally require the other to share information relevant to the issues in dispute. In family law cases this most often concerns finances, property, and sometimes parenting-related facts.
The common tools of discovery
A few tools recur across jurisdictions, though names and exact procedures vary by state: interrogatories are written questions the other side must answer in writing, under oath; requests for production ask the other side to produce specific documents, such as bank statements, tax returns, or pay records; requests for admission ask the other side to admit or deny specific factual statements; and depositions involve testimony given under oath outside of court, usually with attorneys for both sides present, which is later transcribed. Subpoenas can also be used to obtain records directly from a third party, such as an employer or a bank.
Why discovery exists
Discovery is meant to prevent a case from being decided on incomplete information or ambush at a hearing. In a financial dispute, for example, discovery is often what establishes what accounts exist, what they are worth, and whether both parties have disclosed everything they are legally required to disclose. In a custody dispute, discovery can be used to obtain school, medical, or other records relevant to a child's circumstances.
What discovery is not
Discovery is a formal process with its own rules, deadlines, and, in some jurisdictions, court supervision when a dispute arises about it. It is not the same as one party simply asking the other for information informally, and an informal request carries none of the same legal obligation to respond truthfully and completely. Discovery can also be expensive in attorney time, which is part of why some cases limit its scope to what is genuinely in dispute rather than pursuing every tool available.
Where this fits into a case
Whether and how much discovery makes sense in a specific case, and which tools are worth the cost relative to what is actually in dispute, is a judgment a licensed family law attorney makes based on the facts of that case.