Discovery is the factfinding process in civil litigation in which the parties to a lawsuit exchange requests for the production of documents and other tangible items (requests for production); written questions to be answered under oath (interrogatories); witness testimony to be provided by oral deposition; disclosures that may be required under the applicable rules without request from an opposing party; and requests or subpoenas to third-parties (who are not parties to the lawsuit) for the production of documents or tangible things, or the giving of testimony by oral deposition, for example.

The discovery process is one of the most important, time-consuming, and often expensive parts of civil litigation. The discovery process—including the scope of discovery requests, deadlines to respond, and privileges from responding—are usually governed by the state or jurisdiction’s rules of civil procedure or code of civil procedure. For example, in federal court discovery is governed by the Federal Rules of Civil Procedure.

In Kansas, the discovery process in civil litigation is governed by the Kansas Code of Civil Procedure, specifically Chapter 60. Parties in a lawsuit use discovery to obtain information that is relevant to the case. This includes requests for production of documents, interrogatories (written questions to be answered under oath), and depositions (witness testimony given under oath before trial). Additionally, parties may be required to make certain disclosures without a request from the opposing party, and they can issue subpoenas to third parties for production of documents or depositions. The scope and limits of discovery, the time frames for responding to discovery requests, and the assertion of privileges (reasons for withholding information) are all dictated by these procedural rules. Discovery can be extensive and must be conducted in accordance with the rules to avoid sanctions or dismissal of claims. In federal cases, the Federal Rules of Civil Procedure apply, which may differ from Kansas's rules. An attorney can provide guidance on the specific procedures and strategies for effective discovery in Kansas civil litigation.