What does "discovery" refer to in civil litigation?

"Discovery" in civil litigation refers specifically to the pre-trial phase where both parties exchange information and evidence related to the case. This phase is vital because it allows each side to gather relevant facts, assess the strengths and weaknesses of their arguments, and prepare for trial. Through various means such as depositions, interrogatories, and requests for documents, discovery facilitates transparency and helps ensure that both parties build their cases on a shared understanding of the evidence available.

This exchange of information is essential in promoting a fair trial, as it helps prevent surprises during court proceedings and allows both parties to prepare effectively. Engaging in discovery not only assists in the resolution of the case but also encourages settlement discussions, as parties have a clearer perspective on the potential outcomes based on the evidence available.

The other responses outlined do not accurately describe the discovery phase. Witness testimony occurs during the trial itself, judgment is a post-trial decision made by the judge or jury, and closing arguments are the final presentations made by lawyers after all evidence has been presented. Each of these stages comes after the discovery process, distinguishing them from the informational and preparatory focus of discovery in civil litigation.