How do you Request Discovery? Under the Rules, a written motion must be filed to ask for discovery.Discovery is a pre-trial procedure for obtaining information and evidence in a lawsuit. Virginia family law cases feature several forms of discovery. A party is required to notice the motion for hearing on a specific date. The court will then hear the motion and promptly decide it (or decide it on the. Fortunately, there are state and federal rules of civil procedures governing discovery. Do not file the answers or objections with the court unless you are filing a motion to compel discovery. (e) Motions to Strike. Rule - Failure to Make Discovery; Sanctions (a)Motion for Order Compelling Discovery.