Discovery Requests in Employment Litigation Under the Heightened Scrutiny of Rules 26(b) and 34(b)

Rule 26(b) requires that employment litigators raise proportionality arguments to support their discovery requests and to object to opposing counsel's discovery requests. Courts have emphasized that parties must rein in overly broad discovery requests.

Litigators must justify any request for discovery beyond the direct circumstances that led to the employment law claim and damages sought. Interrogatories, requests for production of documents, requests for admissions, and third-party subpoenas for information in personnel files intended to demonstrate similar conduct or prior complaints may be narrowed or quashed if the burden or expense of producing the information outweighs its likely benefit.

Knowing how to draft discovery requests that are likely to withstand burden and proportionality challenges and how to craft objections to broad discovery requests is critical for employment litigators. This includes understanding how to object to Rule 34 requests with specificity and how to respond to early requests for production within a "reasonable time."

Listen as our authoritative panel discusses how courts are interpreting and applying the current requirements of the Federal Rules of Civil Procedure and best practices for employment litigators for drafting and responding to discovery requests.