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.
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Schedule A Free ConsultationThe 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.
MSPB Appeal Process: What Happens Next
What is the first step in the MSPB appeal process after filing?
After you file, the Board issues an Acknowledgment Order that sets the deadlines for discovery. Initial discovery requests must be served within 30 calendar days of that order, and the agency must compile and send a complete file of documents relevant to your appeal.
What is discovery in an MSPB appeal, and why does it matter?
Discovery lets your attorney gather facts, documents, and evidence from the agency, including through depositions where agency employees testify under oath. This process can uncover information the agency file alone doesn't show, strengthening your case before it goes before the Board.
How long does the MSPB take to decide an appeal?
Once discovery wraps up, the Merit Systems Protection Board's policy is to decide an appeal within 120 calendar days of receiving it. Timelines can vary based on case complexity, so an experienced attorney can help you understand where your case stands.
