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 Michigan, the discovery process in civil litigation is governed by the Michigan Court Rules, particularly those found in Chapter 2 - Civil Procedure. These rules outline the methods and scope of discovery, including requests for production of documents, interrogatories, depositions, and required disclosures. The process allows parties to obtain evidence from each other to prepare for trial, and it can be extensive, involving the exchange of a significant amount of information. Michigan's rules also address the time frames for responding to discovery requests, the assertion of privileges to protect certain information from being disclosed, and the consequences for failing to comply with discovery obligations. Discovery can be conducted with parties to the lawsuit as well as third parties who may hold relevant information. The goal of discovery in Michigan, as in other jurisdictions, is to ensure that litigation proceeds with all parties having access to the necessary facts, thereby promoting a fair trial. The specific procedures and limitations are detailed in the Michigan Court Rules, and parties often engage attorneys to navigate this complex process effectively.