Government Contracting Database

In hearings before the boards of contract appeals, or the United States Court of Federal Claims, there are rules governing a party’s right to the discovery of information. Under Rule 26(b)(1) of the Federal Rules of Civil Procedure, a party is entitled to discovery “regarding any matter, not privileged, which is relevant to the subject matter of the pending action ….” Further, the information sought need not be admissible at trial; it is discoverable if it “appears reasonably calculated to lead to the discovery of admissible evidence.”

Discovery generally consists of taking depositions of the opposing party and its key witnesses, the submission of written interrogatories, the review of the opposition’s documents, and requests for admissions. If you are about to be deposed on a case, it is important that you be prepared by your attorney (if you are represented by counsel).

(See suggested Deposition Guidelines) 

(Also See Government Policy – Efficient Litigation) 

(Also See Attorney-Client Privilege) 

(Also See Attorney Work Product Privilege)

Updated: July 24, 2018