What Is the Role of Discovery in Commercial Litigation?

 Posted on June 20, 2025 in Commercial Litigation

If your company becomes involved in a lawsuit, it can help to familiarize yourself with one of the most critical and often least understood aspects of litigation: the discovery process. Whether you are the plaintiff or the defendant, discovery can significantly affect the outcome of your case and the cost of resolving it. Understanding how litigation discovery works and what it means for you can give you an edge in a lawsuit. An experienced Naperville, IL commercial litigation attorney can represent you in your commercial litigation. 

What Is Discovery?

Discovery is the formal process whereby each party in a lawsuit extracts information related to the case. This includes documents, emails, financial records, contracts, and even internal communications. It may also involve answering written questions (interrogatories), sitting for depositions (sworn testimony outside of court), or producing electronic data. The purpose of discovery is to ensure both sides have access to the facts before trial. In many cases, particularly in commercial litigation, it is the primary source of evidence in a lawsuit. It is such an important tool that smoking gun documents have won or lost cases.

Why Is Discovery Important?

For business owners and corporate decision-makers, discovery matters for several reasons, including:

Cost and Time

Searching for and producing documents as part of discovery is often one of the most expensive and time-consuming parts of litigation. If your company is not prepared or does not have sound document retention policies, discovery can quickly become overwhelming and costly.

Risk Exposure

What you produce in discovery can make or break your case. For example, an old email chain, a poorly worded internal memo, or inconsistencies in business records could all be used against you. Even if you have a strong legal position, the risk of something damaging turning up can influence your strategy or willingness to settle.

Leverage and Strategy

Discovery is also an opportunity to gather evidence that supports your side. Strategic use of discovery can help uncover key weaknesses in the other party’s case, forcing better settlement terms or strengthening your position for trial.

How Can You Be Prepared to Make the Most of Discovery?

Preserve Evidence Early

As soon as you suspect that litigation is on the horizon, preserve relevant documents and instruct employees not to delete emails or files.

Be Transparent with Your Legal Team

Hiding or delaying the production of relevant information can lead to sanctions and damage your credibility with the court.

Maintain Organized Records

Implementing solid internal documentation practices before litigation arises can save time and protect your legal position.

Call a Naperville, IL Business Law Attorney

At Lindell & Tessitore, P.C., we represent businesses in all aspects of commercial litigation, including guiding discovery. Whether you are the plaintiff or defendant, discovery can impact your case, and hiring an experienced Oak Brook, IL commercial litigation attorney to represent you during discovery is key. Call the law firm at 630-778-3818 for a consultation.