The MSPB will issue a legal document titled Acknowledgement Order. The Acknowledgment Order sets out the dates discovery demands are to be served. Discovery is the procedure the appellant’s attorney may use to learn of any facts, documents, or other evidence the Agency has that may be helpful to appellant’s case. The Acknowledgment Order requires initial discovery requests must be served within 30 calendar days of the date of the Acknowledgment Order.
The appellant can demand documents possessed by the agency. The agency is required to compile a document called the agency file. The agency file typically is comprehensive, meaning the agency is required to and typically does forward to the appellant a file containing all relevant documentation related to appellant’s appeal. As a result, the appellant receives a complete record such that any document discovery demand served by appellant is limited in scope.
Depositions involve questioning agency employees under oath. Depositions are an effective discovery tool. Depositions can be used to obtain information not available by reviewing the agency file. Appellant’s attorney is permitted to ask as many questions as he or she deems necessary in order to gather information supporting appellant’s appeal.
Once discovery is completed appellant should be aware of the policy of the Board to decide an appeal within 120 calendar days of the receipt of the appeal.
