Discovery is a critical phase in litigation, whether you’re pursuing a federal sector employment claim with the Equal Employment Opportunity Commission (EEOC) or the Merit Systems Protection Board (MSPB) or involved in civil actions. It serves as the foundation for gathering information and evidence, ensuring both parties have a fair opportunity to present their case.
In the following video, Attorney Kevin Crayon of the Crayon Law Firm provides an excellent overview of the discovery process. Watch the video for a concise explanation of the tools and techniques involved in discovery, and continue reading for a detailed breakdown of its purpose, process, and strategic importance.
What Is Discovery?
Discovery is the process by which parties in litigation exchange information and evidence. It ensures transparency and prevents surprises at trial or in later proceedings. Discovery is applicable across all types of litigation, including federal sector employment disputes and civil lawsuits.
In federal employment cases, discovery typically begins once an administrative judge issues an order following the filing of a hearing request. The order sets deadlines and guidelines for initiating discovery.
Purpose of Discovery
The primary goals of discovery are:
To gather information: Understand the other side’s witnesses, evidence, and arguments.
To avoid surprises: By requesting detailed information, parties can prevent unfair surprises at trial or other proceedings.
To build your case: Strategically collect documents, admissions, and testimony that support your claims and counter the other side’s defenses.
Types of Discovery Tools
There are several discovery tools available, each with its unique function:
1. Interrogatories
Written questions directed at the other party, interrogatories help uncover:
The identity of witnesses.
The documents and exhibits the other side intends to use.
The nature of expert testimony they may present.
2. Requests for Production of Documents
This is a demand for relevant documents. For instance, in employment litigation, this might include internal emails, policies, or performance evaluations. These requests aim to fill gaps in evidence or clarify issues.
3. Requests for Admissions
These are requests to admit or deny specific facts. Admissions simplify litigation by eliminating the need to prove agreed-upon facts. Denials signal disputed issues that may require further discovery or resolution at trial.
4. Depositions
Depositions involve questioning witnesses under oath, allowing attorneys to:
Obtain detailed testimony.
Pin down witness statements to prevent contradictions at trial.
Gather additional insights into the other side’s case.
Although powerful, depositions can be costly due to attorney fees, court reporter expenses, and transcript costs. In federal sector employment cases, depositions may not always be necessary because agencies are already required to provide sworn statements during the EEO investigation.
You may also be required to give a deposition. For information on having your deposition taken, review this video.
Deadlines and Discovery Process
Discovery is time-sensitive, with deadlines dictated by the judge’s order:
Initiating Discovery: Must begin within 20–30 days of the judge’s order.
Response Times: The opposing party typically has 20 days (MSPB cases) or 30 days (EEOC or civil action cases) to respond to requests.
Failing to meet these deadlines can result in losing the right to engage in discovery, which can severely impact your case.
Strategic Importance of Discovery
Discovery is more than a procedural requirement—it’s a strategic tool that can:
Identify strengths and weaknesses: By analyzing the other side’s evidence, you can refine your case strategy.
Force the opposing side to commit: Requests for admissions and depositions can lock the other side into specific positions.
Clarify disputed issues: Discovery narrows down the focus of the case, eliminating unnecessary disputes.
Handling Discovery Disputes
Discovery doesn’t always go smoothly. If the other side delays or refuses to provide requested information, attorneys can:
Attempt to resolve the issue amicably, as required by law and court regulations.
Escalate the matter by filing a motion to compel discovery.
Judges universally dislike discovery disputes, so it’s important to show that you’ve made a genuine effort to resolve the issue before seeking judicial intervention.
Discovery in Federal Employment Cases vs. Civil Actions
While the discovery process is similar across litigation types, federal employees benefit from additional layers of pre-discovery information:
EEOC Cases: Agencies must produce a report of investigation (ROI) that includes sworn statements and relevant evidence.
Civil Actions: Discovery is often the first opportunity to obtain key information.
These advantages make the discovery process in federal employment cases slightly different but equally important.
Conclusion
Discovery is an essential phase of litigation that empowers parties to build their cases and avoid surprises. Whether you’re a federal employee navigating the EEOC or MSPB process or a plaintiff in a civil action, understanding and leveraging discovery effectively can make a significant difference in the outcome of your case.
If you have questions or need assistance with discovery, feel free to contact Crayon Law Firm. Properly navigating discovery is key to achieving justice, and we’re here to help.
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