Discovery

Full Definition

Discovery is the formal pre-trial process in civil litigation through which parties exchange information and evidence relevant to the dispute. In the context of security deposit cases, discovery becomes relevant when a tenant files in regular civil court (as opposed to small claims court) -- often because the amount in dispute, including statutory multipliers and attorney fees, exceeds the small claims limit. Discovery tools include: interrogatories (written questions the other party must answer under oath); document requests (demands for the landlord to produce bank records, maintenance logs, prior tenant communications, receipts, and accounting records); depositions (oral examinations of witnesses under oath); and requests for admissions (asking the other party to admit specific facts). Discovery in deposit cases can reveal whether the landlord held the deposit in a separate account as required, whether the deducted repairs were actually made, and whether the landlord made similar improper deductions against other tenants. Most small claims courts do not have formal discovery procedures, though parties may subpoena documents.