This page describes in detail the discovery phase of litigation in your case. Please feel free to reach out if you have any additional inquiries.
Timeline For Discovery
The discovery phase can take as long as approximately one year. However, many times, the discovery phase is interrupted by the parties’ desire to attend mediation and settle the lawsuit. For more information about the mediation phase, please click here.
Discovery is essentially a request for information and a request for a production of documents to the defendants. While they have the right to object to these questions, if they do not have good reason to object, then the defendants must respond under oath by either providing the information and/or documentation. For example, we typically request the contact information for all the current and previous employees of the company during the period the lawsuit covers so that we can contact them as witnesses in the lawsuit. If the defendants do not provide this information, then we must file a “motion to compel” with the court, which the defendants can oppose, and the judge will rule on what discovery needs to be produced.
While the discovery that we obtain varies from case to case because each case has a unique set of employees, Labor Code or other violations and issues, there are some pieces of information/documentation that we almost always obtain, including: the relevant written policies of the employer, the wage statements/payroll information and time keeping record for you and the other current/former employees during the relevant period, the contact information for all the relevant current/former employees, the total amount of current/former employees and how many workweeks/pay periods they wore during the relevant period, and any relevant agreements signed by you and the current/former employees, such as arbitration agreements, meal break waiver agreements, etc.
Discovery also consists of “depositions.” A deposition as a live interview of an individual who is typically a person most knowledgeable on a relevant topic to the case. The interview can last anywhere from 2-8 hours, depending on the person being deposed and the topics involved. We are permitted to take the deposition of the “person most knowledgeable” on certain issues in the case such as pay policies, etc. You should keep in mind that as the plaintiff in the lawsuit, the defendants also have a right to depose you as well. This is generally a one time deposition for a few hours. During COVID-19, depositions are being held virtually from a home computer. If you do not have access to a home computer, our office can mail you a laptop for use during the deposition. We typically schedule at least one or two calls with you prior to your deposition in order to prepare you for same.
For more detailed updates, please contact James Reid with our Law Firm at the below information:
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