Discovery

The compelled exchange of documents and testimony.

Discovery is the stage where each side must hand over relevant documents and answer questions under oath. It is where internal practice becomes visible.

It is also the source of most settlement pressure. Producing correspondence for one transaction is cheap; producing it for millions is not.

Related terms

• Class action - One lawsuit brought on behalf of everyone harmed the same way.
• Class representative - The named person who stands in for the whole class.
• Class certification - The court ruling that lets one case speak for everyone.
• Arbitration clause - Contract language sending disputes to a private forum instead of court.
• Class-action waiver - A term saying you may only bring a claim for yourself, never as a group.
• Unconscionability - A contract term so one-sided a court refuses to enforce it.
• Contract of adhesion - A take-it-or-leave-it contract with no room to negotiate.
• Assent - Whether you actually agreed, and how the company proved it.