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 Kentucky, the discovery process in civil litigation is governed by the Kentucky Rules of Civil Procedure (CR). These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. Parties may request relevant information that is not privileged and is reasonably calculated to lead to the discovery of admissible evidence. The rules also set forth the time frames for responses and the procedures for asserting privileges or objecting to discovery requests. Discovery can be extensive and may involve electronic data as well as paper records. The process is designed to ensure that both sides have access to the necessary information to prepare their cases, but it must be conducted in a manner that avoids undue burden or expense. In cases where disputes over discovery arise, the courts have the authority to resolve such issues and enforce compliance with the discovery rules.