Last Update: 9/14/2005 (Transmittal I-1-56)
Renumbered from HALLEX section I-1-7-3
Discovery in a civil action is the disclosure by a party of
information or documents in his or her exclusive knowledge or possession
that are relevant to the other parties' case. Discovery assists the
parties to learn more about the facts in order to facilitate a prompt,
informed resolution of the issues in the case. Discovery proceedings
are generally governed in the Federal courts in accordance with
Rule 26 of the Federal Rules of Civil Procedure (FRCP). Discovery
often occurs in class action lawsuits filed under section 205(g) of
the Social Security Act. The most common methods of discovery are
written interrogatories, requests for production of documents, requests for
admissions, and depositions upon oral examination.
Rule 26(b) of the FRCP permits discovery of any matter, not
privileged, which is relevant to the subject matter involved in
the pending action and which appears reasonably calculated to lead
to the discovery of admissible evidence. If a party determines that
information is privileged and withholds the information, or if the
party's response is inadequate or incomplete, the opposing party
may file a motion requesting the court to compel production of the
information. Typically, SSA may assert one or more privileges in
discovery. The attorney-client privilege may be asserted to protect
confidential communications between OGC and SSA. The attorney work-product
privilege may protect material prepared in anticipation of litigation,
unless the opposing party makes a sufficient showing of need for
it. In appropriate circumstances, a party from whom discovery is sought
may ask the court to issue a protective order limiting discovery
(or ordering that discovery not take place). The court can issue
a protective order for good cause shown by the party who makes the
motion. However, failure to comply with discovery requests and orders
to compel discovery can result in court sanctions.
When the Department of Justice (DOJ) receives a discovery
request in a class action, it sends the request to OGC, which determines
which component within SSA has the expertise to respond, i.e., OHA,
another component within the Office of Disability and Income Security
Programs, etc. OGC then forwards a copy of the discovery request
to the appropriate component. In some cases, OGC may deal directly
with OHA if it determines that it is the component likely to have
the expertise to respond. OPPE will coordinate OHA's response on
any discovery requests involving class action lawsuits.