[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1210.14]

[Page 93]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1210_DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM--
 
Subpart B_Procedures for Appeals of Actions Taken Under 5 CFR Part 9701, 
                                Subpart F
 
Sec. 1210.14  Initial disclosures; scope of discovery.

    (a) Initial disclosures. Except to the extent otherwise directed by 
order, each party must, without awaiting a discovery request and within 
ten calendar days following the date of the Board's acknowledgment 
order, provide the following information to the other party:
    (1) The Department must provide:
    (i) The Departmental record required by 5 CFR 9701.612; and
    (ii) The name and, if known, the address and telephone number of 
each individual likely to have discoverable information that the 
Department may use in support of its claims or defenses, identifying the 
subjects of such information.
    (2)(i) The appellant must provide:
    (A) A copy of, or a description by category or location of all 
documents in the possession, custody or control of the appellant that 
the appellant may use in support of his or her claims or defenses; and
    (B) The name and, if known, the address and telephone number of each 
individual likely to have discoverable information that the appellant 
may use in support of his or her claims or defenses, identifying the 
subjects of the information.
    (ii) Each party must make its initial disclosure based on the 
information then reasonably available to the party. A party is not 
excused from making its disclosures because it has not fully completed 
the investigation of its case, because it challenges the sufficiency of 
the other party's disclosures or because the other party has not made 
its disclosures.
    (b) Scope of discovery. The parties may seek discovery regarding any 
matter that is relevant to any of their claims or defenses. However, by 
motion, either party may seek to limit such discovery because the burden 
or expense of providing the material outweighs its benefit, or because 
the material sought is privileged, not relevant, unreasonably cumulative 
or duplicative, or can be secured from some other source that is more 
convenient, less burdensome, or less expensive.