What is Discovery in a Class Action Lawsuit?
By Timo Bakker · July 6, 2026 · 5 min read
Discovery is the pretrial phase of any lawsuit where the parties exchange documents, take depositions, and answer written questions under oath. In a class action, discovery is where the case actually gets built.
Types of discovery in class actions
- Document requests. Plaintiffs ask the defendant company to produce internal documents about the challenged practice.
- Depositions. Both sides take oral testimony under oath from key witnesses, corporate officers, and (sometimes) named plaintiffs.
- Interrogatories. Written questions that must be answered under oath.
- Requests for admission. Party asks the other side to admit or deny specific facts.
Class action-specific discovery issues
- Class certification discovery. Before certification, discovery is often limited to whether the class definition works.
- Merits discovery. After certification, expands to include the underlying facts of the case.
- Statistical + economic discovery. Class damages are often calculated via statistical models — both sides retain experts.
- Named plaintiff discovery. Named plaintiffs are typically deposed (usually 4-6 hours) about their individual experience with the defendant.
How long does discovery take?
In class actions, discovery typically runs 1-3 years after class certification. Complex cases (antitrust, pharmaceutical) can take longer. Simple consumer product cases can wrap in 6-12 months.
What you see as a class member
Almost nothing. If you are not the named plaintiff, you generally do not participate in discovery. Sometimes the settlement notice will describe key discovery findings that led to settlement, but you do not have direct involvement.
See our class action timeline guide.