Pre-litigation discovery is a process that allows a potential plaintiff to obtain evidence before filing a lawsuit. Its goal is to identify the right defendant or to preserve key evidence that may be lost over time. Courts can authorize limited discovery—like subpoenas to third parties or depositions—if you can show that it's necessary to establish the identity of a defendant or to support a future claim.

Once a lawsuit has begun, both sides enter the discovery phase. Discovery is the process by which parties exchange information relevant to the case. It ensures that both sides have access to the facts and can prepare for trial effectively.