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 timelines 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 certain circumstances. The process is designed to ensure that both sides have access to the relevant facts and evidence necessary to prepare their cases for trial. Discovery can be extensive and complex, often involving legal debates over what information must be shared and what may be withheld under claims of privilege or relevance. The rules aim to balance the need for information with the protection of privacy and proprietary interests. Failure to comply with discovery rules can result in sanctions by the court. It's important to note that while Missouri has its own rules, cases in federal court are subject to the Federal Rules of Civil Procedure, which may differ from state rules.