What if I need to get documents or information from the federal government? Does the Appellate Division of the DAB have discovery procedures?
We do not have procedures that specifically provide for formal discovery. This reflects the intention that processes before the DAB be relatively informal and based on cooperation between the parties, as much as possible, with the DAB facilitating. However, parties do sometimes need additional information to fairly present their cases. The parties are expected to cooperate in sharing information. Please note that the party seeking discovery should check its own records carefully first. Often, for example, an appellant requests production of documents which it ought to have in its own files. The DAB is not likely to grant a production request in this circumstance unless an appellant has searched its own files first. Searching its own files should also enable the appellant to identify any missing documents with greater specificity, so that a production request can be sufficiently narrow. (Appellants will find it helpful if they have kept accurate and complete records and if staff have be
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