Do I have the right to ask the agency for information about my case?
Yes. You may engage in what is referred to as “discovery” (obtaining information about the case from the opposing party prior to the hearing). Discovery may be “informal” or “formal.” Informal discovery usually involves parties voluntarily exchanging documents and other information, interviewing (instead of deposing) potential witnesses, and other voluntary measures. Formal discovery is a highly structured process involving written questions (interrogatories), written requests for production of documents and oral depositions of parties or witnesses. Formal discovery is a complicated, time-consuming and oftentimes costly undertaking. For example, whichever party initiates action to depose a witness is responsible for the court reporter’s costs. These costs oftentimes are hundreds of dollars. Not every case requires discovery. Procedures and time frames for conducting discovery are set out in the Acknowledgment and Order. In some EEOC offices, you must notify the AJ of your intent to begin discovery and of the substance of the discovery required. The AJ may determine the appropriate scope of discovery. See Chapter 7, Section IV of EEO MD-110.
