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 and the rules adopted by the Kansas Supreme Court. Discovery allows parties to obtain evidence from each other or from third parties to prepare for trial. This includes requests for production of documents, interrogatories (written questions to be answered under oath), depositions (witness testimony given under oath before trial), and other disclosures required by the rules without an opposing party's request. The scope and limits of discovery are outlined in the Kansas statutes and court rules, which aim to make the process fair and efficient, preventing undue burden or delay. Discovery can be extensive and must be conducted within the time frames set by the court. Parties may also assert various privileges to protect certain information from being disclosed, such as attorney-client privilege or work product doctrine. It is essential for parties to adhere to these rules to avoid sanctions and to ensure that they can present or defend their case effectively at trial.