RULE 33
Make Discovery Your Best Friend
Introduction
Early and thorough discovery is crucial in a whistleblowing case. By gathering evidence to prove the validity of your claims and anticipating the company’s counterarguments, you can increase your chances of success in court.
In addition to this, there are other elements of discovery that you should be aware of to be fully prepared for your case. By following these guidelines, you can be well-equipped to make a compelling case and win your lawsuit.
Practice Tips
- Checklist 4, found in Rules for Whistleblowers, sets forth the common areas for which employees seek discovery in retaliation cases, along with supporting case authority.
- The discovery rules applicable in federal court are located at Federal Rules of Civil Procedure 26–37.
- The discovery rules applicable in U.S. Department of Labor proceedings are located at 29 C.F.R. § 18.50–57.
- The discovery rules applicable in Merit Systems Protection Board proceedings are located at 5 C.F.R. § 1201.25, .33, .71–75 and .81–85.
Resources
Checklist 5, found in Rules for Whistleblowers, identifies the major cases and precedents applicable to discovery in employment retaliation and whistleblower cases.
The discovery rules for DOL cases are found in:
The rules for federal employee cases before the MSPB are found at:
Rules for discovery in federal court are located in the Federal Rules of Civil Procedure, starting with Rule 26, which is the overview rule.
Destroying documents that may be relevant to your case may result in sanctions or the dismissal of a whistleblower’s case:
- Burris v. JPMorgan Chase & Co., No. 18-cv-03012 (D. Az. Oct. 7, 2021) (Order)
Frequently Asked Questions
Related Rules
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