What is an evidentiary hearing?
An evidentiary hearing is a more formal “trial-like” proceeding that permits the parties to present witnesses and introduce evidence. The DAB has a hearing room available in its facilities in Washington, D.C. We are also often able to make arrangements to hold hearings in federal facilities in other locations to accommodate the needs of parties and witnesses. In addition, the DAB has on occasion arranged to take witness testimony by telephone or through video-conferencing. Also, the DAB has held proceedings with elements of both a conference and an evidentiary hearing; part of the proceeding is used for the more formal presentation of witnesses and part is more informal with the counsel and the other participants responding to questions from the Board member(s) in a discussion format.
An evidentiary hearing is much like a trial. You may call witnesses to testify on your behalf (including yourself). You may also introduce documents or items into evidence through the testimony of a witness. The Agency may do the same. Please understand that documents may not be considered as actual evidence until they are introduced at the evidentiary hearing through the testimony of a witness. Simply filing an Exhibit List, as required by the Hearing Officer’s Interim Order, does not mean those documents may now be considered as evidence. The Hearing Officer assigned to the case will recommend a decision to the full Personnel Board.
