Draft discovery requests and responses

At Thuriam we draft discovery requests and interrogatories in a formal style, to be served on the agency or some other possible witness by the appellant, or served on the appellant or some witness by the agency. Discovery requests are served on the agency representative by the appellant or appellant's representative, or vice versa, which can make the pre-hearing period one of substantial conflict between the actual parties.

Discovery requests seeking hard copy evidence are often titled, Motion for Discovery -- Request for the Production of Documents, or words to that effect. Discovery requests that seek answers to specific questions, or which seek definitions or interpretations, Motion for Discovery -- Interrogatory Request, or words to that effect.

Discovery requests are a necessary exercise where legally when preparing for a hearing. They are the best way to gain factual information from the employer. An aggressive discovery request forces the opponent's representative to work very hard, which may make settlement more attractive than litigation. The discovery period is defined in the judge's orders to the agency and appellant. The appellant's representative should waste no time in giving thoughtful preparation to the discovery of necessary evidence. Waiting until a few days or even weeks before preparation for such a hearing could have disastrous consequences for the appellant's case.