Rules of civil procedure of the courts of the United States provide for discovery after a case has been initiated. Discovery is the pretrial process whereby the parties to a case exchange information and obtain information from nonparties to allow the parties to prepare for trial in an informed manner. Discovery prevents “trial by surprise.” In addition, it encourages settlement because the parties learn the facts of the case and each others’ legal theories early in the game.

With this knowledge, the parties can make a realistic evaluation of their cases, and therefore, be in better positions to engage in settlement negotiations. It is also believed that discovery makes trials more fair, efficient, and smooth-running. The Federal Rules of Civil Procedure permit the discovery of anything “reasonably calculated to lead to the discovery of admissible evidence.” However, exceptions are recognized. The rules of discovery in administrative proceedings are much different from hose used in courts.

First, the APA does not mention discovery except in the con-text of the Freedom of Information Act. The APA, therefore, does not require agencies to disclose information prior to the hearing. Similarly, it has been determined that the U.S. Constitution does not require prehearing discovery in administrative proceedings. There are six primary tools of discovery: interrogatories, depositions, requests for production of documents, requests for admissions, bills of particulars, and subpoenas.