Understanding the Litigation Discovery Process

When people think about going to court, they often imagine a dramatic trial with witnesses on the stand and lawyers making compelling arguments. They may not realize that most of the critical work in a civil lawsuit happens long before a trial—in a stage of the litigation process called “discovery.” In Maryland civil cases, discovery is governed by the Maryland Rules of Civil Procedure. The discovery phase of a lawsuit allows both sides to gather and exchange information needed to prove (or defend) their case.

The governing principle of the discovery process is to avoid “trial by surprise.” The process is intended to give each side access to relevant information and documents, so they can build their arguments and evaluate the strengths and weaknesses of their case. If you’re involved in a lawsuit in Maryland, here are the five main tools of discovery that may be used:

1. Request for Production of Documents

This allows a party to call upon the other side to produce specific documents, data or things in their possession, custody, or control. For example, in a contract dispute, one side might request copies of emails, invoices, or signed agreements. These requests must be responded to within a set time, and objections to particular requests must be explained.

2. Interrogatories

Interrogatories are written questions that one party sends to the other. The responding party must answer them under oath, within a set period of time. These questions help clarify the other side’s position, identify witnesses, or uncover the basis for their claims or defenses.

3. Requests for Admission

A request for admission asks the other party to admit or deny certain statements of fact or the authenticity of documents. These are available in Circuit Court lawsuits, and are useful for narrowing down the issues that need to be proven at trial. If a party fails to respond to a request for admission, the statement may be deemed admitted for purposes of the trial.

4. Depositions

Depositions involve taking sworn, out-of-court oral testimony from a party or witness, under oath and recorded by a court reporter. Lawyers use depositions to explore a person’s knowledge of the case, lock in their testimony, or evaluate credibility. Depositions are a powerful tool because they allow for follow-up questions in real time. They are available in Circuit Court lawsuits, but not in District Court of Maryland lawsuits.

5. Subpoenas to non-parties

Subpoenas are legal orders attorneys use to obtain documents or testimony from persons or organizations that are not parties to the lawsuit. For instance, an attorney might subpoena bank records or surveillance footage from a business. Like other discovery tools, subpoenas must comply with detailed procedural rules.

Each of these discovery tools has its own rules, timelines, and strategic advantages. Used properly, they allow attorneys to gather evidence necessary to support their case or challenge the other side’s claims. If you’re involved in a Maryland civil case, understanding the discovery process can help you feel more prepared and informed as your case moves forward. When in doubt, you should consult an attorney to ensure that discovery is conducted properly and that your rights and obligations under the Maryland Rules are protected.