Section 13-2.Scope of Discovery; In General

Section 13-2 states the basic scope of discovery for civil actions, probate appeals, and administrative appeals where the judicial authority finds it reasonably probable that evidence outside the record will be required. A party may obtain discovery of information, or disclosure, production, and inspection of papers, books, documents, and electronically stored information that is material to the subject matter of the pending action and not privileged. This applies whether the material relates to the requesting party’s own claim or defense or to another party’s claim or defense, and it must be within the knowledge, possession, or power of the party or person from whom discovery is sought.

The rule also sets two practical limits on when discovery must be given. Discovery is permitted only if the disclosure sought would assist in prosecuting or defending the action, and only if the disclosing party or person could provide it with substantially greater facility than the requesting party could otherwise obtain it. It’s not a valid objection that the information sought would be inadmissible at trial, so long as it appears reasonably calculated to lead to the discovery of admissible evidence. One category is carved out entirely: written opinions of health care providers concerning evidence of medical negligence, addressed under General Statutes § 52-190a, aren’t subject to discovery except as that statute provides.