Stage: Discovery

Discovery is usually the longest and most work-intensive part of a lawsuit. It asks a lot of you, and it can feel slow and repetitive. But a well-run discovery phase is the foundation of a strong outcome, whether that outcome is a settlement or a trial win. This page explains what discovery is and, just as important, why it takes so long.

What this stage is

Discovery is the formal, court-supervised process where both sides exchange information and evidence before trial. The idea is simple: no surprises. Each side gets to see the other's documents and question the other's witnesses.

Discovery has three main parts.

Written discovery. The employer's lawyer sends us formal written questions, called interrogatories, and requests for documents, called requests for production. We send our own to them. Answers are given under oath, so accuracy matters.

Your deposition. A deposition is a formal, sworn interview where the employer's attorney asks you questions about your case while a court reporter records every word. This is a critical event, and we will hold thorough preparation sessions with you before it. We will be by your side the entire time. See How to Prepare for Your Deposition for our full guide.

Discovery into the employer. Discovery is a two-way street. This is our turn. We demand the employer's internal emails, HR files, personnel records, and investigation files. We also take depositions of the key people involved, such as managers and decision-makers. What we find here often becomes the heart of your case.

How long it typically takes

Discovery commonly takes six months to a year.

Why so long? A few reasons: the rules give each side a substantial window to respond to written requests, commonly about a month per round, and there are usually several rounds. Companies often produce documents in batches over months, especially emails, which can number in the thousands. Depositions must be scheduled around many busy calendars. And when the employer resists handing something over, we may have to ask the judge to force them, which adds more waiting.

Slow here is normal. It does not mean your case is stuck, and quiet stretches do not mean we have stopped working.

What we do

We handle the legal machinery. We draft our discovery requests to target the documents that matter, review everything the employer produces, and fight for anything they try to withhold. We prepare you for every response you sign and every question you answer. We take the depositions of the employer's witnesses and defend yours.

We also review the requests aimed at you and object to anything improper, so you only answer what the rules actually require.

What you do

Your participation is the backbone of this stage. Three responsibilities matter most:

Be thorough and honest in every answer. Your written responses are sworn statements, and the other side will compare them to every document and every word of your deposition.
Be responsive. When we ask for documents or information, reply as quickly as you can. Court deadlines behind our requests are real and unforgiving.
Trust the deposition preparation process. Attend every prep session, even if you feel ready. Confidence comes from preparation.

As always, do not delete anything, and do not gather documents from employer systems you are not authorized to use. When in doubt, ask us first.

What happens next

As discovery winds down, cases usually head in one of two directions, and often both at once: settlement talks (frequently through court-ordered mediation) and the employer's summary judgment motion, which asks the judge to end the case before trial. Everything gathered in discovery feeds directly into both. A strong discovery record is what makes employers pay fairly and judges deny their motions.

Every case is different. Ask your legal team how this applies to yours.

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.