Discovery ; 3001, Defendant's Request For Notice of State's Evidence Pursuant To Ohio R. Crim. P. 12(E)(2) (Rev. 09.19.Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. If a request for discovery is refused, application may be made to the court for a written order granting the discovery. If yes, when can the motion(s) realistically be filed? Opposition to be filed by? The scope of discovery includes all matters that are relevant to the subject matter of the lawsuit, even if that matter is not admissible at trial. Here's how to request public records. Civ. R. 26(B)(3)(a) now requires civil litigants to make certain disclosures early in a case without waiting for a specific discovery request.