Q: Discovery Issues
I am a pro per litigant. Opposing counsel will not provide address/ phone # of former employees of company being sued? He claims harassment. He did not provide that info in Initial Disclosure. Can I compel?
A:
Maybe, if the information reasonably related to the claims or defenses in the case.
Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37. (State courts follow similar rules in state cases.)
A cornerstone of discovery is FRCP Rule 26(b)(1), which states in part, "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...."
Despite the seemingly broad nature of Rule 26(b)(1), discovery requests - particularly those that are vaguely drafted or ones that don't track with the claims/defenses - are often met with objections like "irrelevant... harassing... duplicitous... etc." While federal courts in recent years have taken a dim view of gamesmanship regarding discovery, overcoming objections to get truly relevant information may indeed require a Motion to Compel and the court's involvement.
But whether names etc. of former employees is relevant to the claims/defenses in the case (and whether that information would even be in the possession or control of the company), and should have been provided with Rule 26(a)(1) Initial Disclosures, and should now be compelled are just some of the many issues/tactics/strategies that should be discussed with an experienced litigator.
Discovery and federal litigation as a whole can be very complicated, and critical omissions and errors - particularly at the outset - can have detrimental effects on the case, possibly resulting in sanctions, case or count dismissals, adverse rulings, loss of rights, etc. An experienced litigator will know whether the benefit of asking the court for discovery relief outweighs the value of the information to be discovered, and can also provide valuable advice to make other vital decisions, help with motion practice, etc.
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