Discovery: A Plain-Language Guide to the Most Important Phase of Your Case

If you're involved in a lawsuit, you're going to hear the word "discovery" a lot. Discovery is the process where each side investigates the other side's case — obtaining documents, asking written questions, and taking sworn testimony — before the case ever reaches a courtroom. Most people are surprised to learn that the vast majority of the work in any lawsuit happens during discovery, not at trial.

Here's what to expect, in plain terms.

Interrogatories ("Rogs")

What they are: Written questions that the other side sends to you (or you send to them). You must answer each question in writing, under oath. Your answers are signed and notarized.

What they look like: Things like "State the names and addresses of all persons who witnessed the accident," or "Describe in detail every communication you had with the defendant regarding the contract," or "Identify every document that supports your claim for damages."

The rules: Interrogatories are governed by Pa.R.C.P. 4005 and 4007.1. Unlike federal court, Pennsylvania does not impose a strict numerical limit on interrogatories. However, that doesn't mean the other side can bury you — the court can limit interrogatories that are unduly burdensome, oppressive, or not reasonably calculated to lead to discoverable information. Some Bucks County judges may impose practical limits through case management orders. You have 30 days to respond.

What you need to know: Interrogatory answers are under oath. They can and will be used against you at trial if your testimony contradicts what you wrote. Take them seriously. Don't guess — if you don't know the answer to something, say so. Don't volunteer information that wasn't asked for. And always review your answers with your attorney before signing.

Requests for Production of Documents ("RFPs")

What they are: A formal demand for you to hand over specific documents and records. The other side describes categories of documents they want, and you must produce everything that fits those descriptions — or explain why you can't or won't.

What they ask for: Contracts, emails, text messages, letters, invoices, bank statements, photographs, social media posts, medical records, tax returns, corporate records, phone records — essentially anything that exists in any form (paper, electronic, audio, video) that might be relevant to the case.

The rules: Governed by Pa.R.C.P. 4009.1 et seq. You have 30 days to respond. The scope is broad: under Pa.R.C.P. 4003.1, you must produce anything that is relevant to the subject matter of the pending action and is not privileged. That's a wide net.

What you need to know:

• Don't destroy anything. Once you know a lawsuit is possible (even before one is filed), you have a legal duty to preserve all potentially relevant documents and electronic records. Deleting emails, texts, or files after litigation is anticipated can result in severe sanctions — including the court telling the jury they can assume whatever you destroyed was bad for your case.
• Electronic records count. Emails, text messages, social media posts, voicemails, cloud-stored files, and even deleted files that are recoverable — all of it is discoverable. The days of "I deleted that email" being an acceptable answer are long gone.
• You must search. "I don't know where it is" or "That would be hard to find" generally won't fly. You have an obligation to conduct a reasonable search of your records.
• Privilege log. If you withhold a document because it's privileged (attorney-client communication, work product, etc.), you must list each withheld document on a privilege log describing what it is, who created it, and what privilege applies — without revealing its contents.

Requests for Admissions ("RFAs")

What they are: Written statements that the other side asks you to admit or deny. They're designed to narrow the issues for trial by getting both sides to agree on undisputed facts.

What they look like: "Admit that you signed the contract attached as Exhibit A." "Admit that you received the invoice dated March 15, 2024." "Admit that the property at 123 Main Street was in your name as of the date of sale."

The rules: Under Pa.R.C.P. 4014, you have 30 days to respond. For each statement, you must admit, deny, or explain why you can neither admit nor deny. If you fail to respond within 30 days, every statement is deemed admitted — and those admissions are binding at trial. This is one of the most dangerous traps in litigation for unrepresented parties.