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 Missouri, the discovery process in civil litigation is governed by the Missouri Rules of Civil Procedure, which outline the methods and scope of discovery, as well as the timeframes and obligations of the parties involved. Parties may request the production of documents, submit interrogatories, and conduct depositions of witnesses. Missouri law also allows for disclosures to be made without a request from the opposing party, in line with the rules. The process is designed to ensure that both sides can obtain the necessary evidence to prepare their cases, while also protecting certain information from disclosure through privileges, such as attorney-client privilege. Discovery can be extensive and complex, often requiring the assistance of an attorney to navigate the rules and to ensure compliance with court orders and deadlines. Failure to adhere to the discovery rules can result in sanctions by the court.