Civil Litigation Discovery Cost
Discovery cost: $10K-$500K+ for civil suit. Depositions $1-3K each. Document review $20-50K. Expert witnesses $20-100K.
| Complexity | — |
| Depositions | — |
| Experts | — |
| Doc volume | — |
| Deposition cost | — |
| Expert cost | — |
| Doc review cost | — |
| Attorney time | — |
| Total discovery cost | — |
Civil litigation discovery is often the costliest phase — depositions, document review, expert witnesses can run from $10K (simple) to $500K+ (complex commercial). Settlement is usually rational long before reaching trial; discovery cost alone often exceeds disputed amount.
Discovery Components
Depositions: $1-3K each (court reporter + attorney time + room). Interrogatories/requests: $5-20K to draft + respond. Document review: $20-150K (associate time at $200-500/hr). Expert witnesses: $20-100K each ($300-800/hr + report writing + deposition + trial). Subpoenas: $1-5K per non-party.
Cost Driving Factors
Number of parties (more parties = more depositions). Document volume (large databases = e-discovery costs). Industry expertise (technical cases need pricey experts). Geographic spread (out-of-state depositions = travel cost). Adversarial parties (more motions, longer disputes).
Settlement Strategy
Most civil cases settle (90%+). Often after enough discovery to assess strengths. Settlement avoids: remaining discovery cost, trial cost, appeal cost, uncertainty. Calculate: total expected costs + verdict risk × probability vs settlement amount. Often settle to avoid the discovery hellscape.
Last updated May 2026. Sources: ABA Civil Litigation.