Ask The Lawyer

By Debra Roth

Q & A Session – Discovery in a Removal Appeal

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

On a removal appeal before the MSPB, why would the agency be afforded discovery? Since the agency is required to provide the appellant all information utilized in the removal, it seems that providing them discovery is allowing them to build their case for removal “after the fact.”

A:

As a matter of fairness, both sides in a litigated matter may engage in discovery.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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