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 Maine, the discovery process in civil litigation is governed by the Maine Rules of Civil Procedure, which are similar to the Federal Rules of Civil Procedure. During discovery, parties to a lawsuit can request the production of documents, answer written questions called interrogatories, and take depositions of witnesses under oath. They may also be required to make certain disclosures without a request from the opposing party and can issue subpoenas to third parties for production of documents or depositions. The purpose of discovery is to gather facts and evidence to prepare for trial, and it can be a lengthy and costly phase of litigation. The rules set forth the scope of permissible discovery, establish deadlines for responses, and outline the various privileges and protections that may limit or exempt parties from providing certain information. It is essential for parties to comply with these rules to avoid sanctions and to ensure a fair trial process.