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 Maryland, the discovery process in civil litigation is governed by the Maryland Rules of Civil Procedure, which outline the methods and scope of discovery, as well as the timeframes and procedures for compliance. Parties may request the production of documents, submit interrogatories, and conduct depositions of witnesses. Maryland 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 all parties have access to relevant information before trial, thereby promoting fair outcomes. Discovery can be limited by the court if it is determined to be overly burdensome, irrelevant, or protected by privilege. The rules aim to balance the need for information with the protection of privacy and efficiency of the legal process. Discovery disputes may arise, and when they do, they are typically resolved through motions to compel or motions for protective orders, which the court will decide based on the rules and the specifics of the case.