What Are Discovery Requests in Lawsuits?
- Yakup Sari, Esq.
- Aug 7, 2025
- 3 min read
When a business dispute escalates—whether it’s a breach of contract or an intellectual property (IP) conflict—one phase can shape everything that follows: discovery. Done well, discovery clarifies the facts, narrows the issues, and often determines the case strategy (and the outcome).
This guide explains what discovery is, why it matters in contract and IP cases, and the core discovery tools parties use to build (or defend) a claim.
What Is Legal Discovery?
Discovery is the formal process where both sides exchange relevant information and evidence before trial. It lets each party test the other’s claims and defenses, spotlight strengths and weaknesses, and avoid “trial by ambush.”
Discovery in U.S. courts is governed by the Federal Rules of Civil Procedure (FRCP) and comparable state rules. Those rules promote fairness, proportionality, and transparency—so litigants have a meaningful chance to present their case.
Why Discovery Matters in Contract & IP Cases
Contract Disputes
Contracts set expectations. Discovery helps resolve questions such as:
How should ambiguous clauses be interpreted?
Did a party default or fail to perform?
What do pre-contract communications (emails, drafts, negotiations) show?
What performance records prove fulfillment—or nonperformance?
Example: In a confidentiality-clause dispute, internal emails, access logs, or project timelines may confirm whether confidential information was used or shared improperly.
Intellectual Property (IP) Disputes
In patent, trademark, copyright, or trade secret cases, discovery often focuses on:
Ownership and scope of the IP
Whether use was authorized or infringing
Damages (lost profits, unjust enrichment, reasonable royalty)
R&D/branding files showing development, priority, and intent
Example: In a trademark case, discovery might include product designs, marketing plans, and consumer survey evidence of likely confusion.
The Main Discovery Tools (with Plain-English Examples)
Interrogatories
Written questions answered under oath, used to identify people, facts, and theories.
IP example: “List every developer who authored the source code at issue and their roles.”
Requests for Production (RFPs)
Formal requests for documents, data, or tangible items.
Contract example: “Produce all emails between March 1 and May 15 regarding the project timeline.”
Requests for Admission (RFAs)
Requests that the other side admit or deny specific facts or the authenticity of documents—useful for narrowing issues.
Contract example: “Admit that the contract required payment within 30 days.”
Depositions
Sworn, recorded testimony from parties or witnesses. Depositions test credibility, pin down facts, and clarify technical issues (often critical in IP cases).
Subpoenas
Court-backed demands for documents or testimony from third parties (vendors, contractors, platforms)—vital when key evidence isn’t in either party’s possession.
A Practical, Proportional Approach
Good discovery is targeted and proportional—broad enough to find the truth, focused enough to avoid waste. Courts expect parties to meet and confer, tailor requests, and use protective orders when confidentiality is at stake.
Working with a Legal Partner
Discovery isn’t just paperwork—it’s strategy. At SARI LAW FIRM, we:
Map requests to your goals: Each interrogatory, RFP, or deposition serves a purpose.
Quantify impact: Tie evidence to damages (lost profits, delays, reputational harm).
Protect your ops: Seek relief without derailing production, launches, or cash flow.
Leverage resolution: Use discovery outcomes to drive efficient settlements—or prepare for trial.
Quick FAQs
How long does discovery last?
It varies by court, case complexity, and scheduling orders—often several months. Early planning helps.
Do we have to turn over everything?
No—only relevant, non-privileged information, and discovery must be proportional to the needs of the case.
What if the other side won’t cooperate?
Courts can order compliance through motions to compel and may impose sanctions for abuse or noncompliance.
Can discovery help us settle?
Often. Strong discovery can clarify risk, leading to practical, business-savvy resolutions.
Final Thoughts
Information is power—and discovery is how you access it. If you’re facing a contract dispute or enforcing IP rights, a deliberate discovery plan can provide the leverage you need.
Need help navigating discovery? Contact SARI LAW FIRM for a consultation. We’ll guide you at every step.
Disclaimer: This blog is for educational purposes only and is not legal advice. Reading this blog does not create an attorney-client relationship.
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