Sept.2020 Level III Training Material

3/25/19

The Adjudicator

• Must be “fair and impartial” • This means that the Adjudicator should:

• Have no “pecuniary” (financial) interest in the matter (or other conflict of interest); • Be Unbiased (free of personal animus) • Not have Prejudged the Outcome

Discovery

• Discovery is the Means Through which Evidence is Exchanged Between Parties • The Requirement for and Scope of Discovery Depends on the Relevant Legal Authority • In Administrative Proceedings Discovery is Typically more Limited than in the Context of a Trial. • Discovery may Simply Involve the Exchange of Documents or it Could Entail Witness Interviews, Depositions, Interrogatories, or the Use of Subpoenas, for example.

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