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 Ohio, the discovery process in civil litigation is governed by the Ohio Rules of Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. Parties may request information that is reasonably calculated to lead to the discovery of admissible evidence, and the process is designed to ensure that both sides can prepare their cases effectively. The rules also establish deadlines for responses and outline various privileges and protections, such as attorney-client privilege and work product doctrine, which may exempt certain materials from discovery. Discovery can be extensive and complex, often involving significant time and expense. It is crucial for parties to adhere to the rules and deadlines to avoid sanctions and ensure a fair legal process. In cases involving federal law or where jurisdiction is based on diversity of citizenship, the Federal Rules of Civil Procedure would apply.