出现在AJ面前?
简短并集中在关键问题上
就像任何法庭一样, the Equal Employment Opportunity Commission’s federal–sector process frustrates parties because it often lasts too long.
Administrative judges—who pore over large volumes of documents to weigh each side’s arguments 和, 最终, 以同样的方式呈现一个决策. However, there are some things attorneys can do to make it easier 和 quicker for everyone.
在民主党最近举行的一个论坛上.C. 酒吧, AJ Kathryn Brown offered tips for lawyers who appear before her 和 the other AJs at the Washington field office. Whether legal counselors hail from an agency or represent a mistreated federal worker, they can benefit from her suggestions on reducing paperwork 和 making the most of their time in discrimination proceedings.
“It’s no secret that our office — like others across agencies— has minimal administrative staff,布朗说. 当助理澳博app的文书工作负担较轻时, 她说, it frees up more time for them to focus on the merits of the case.
物证
Topping Brown’s list of hints is the importance of brevity.
大多数人, 包括五角, are usually pressed for time so lawyers should avoid redundancies in court-related documents 和 motions.
"Don’t devote excessive verbiage to describe fundamental legal st和ards,” 她说. “[Attorneys should] include a concise recitation of the basic legal st和ards for establishing discrimination 和 for entry of summary judgment.”
Key evidence also needs to be the focus of any notices 和 filings. Briefs should specifically cite the corroborating evidence.
“Administrative judges are human beings, not bloodhounds,布朗说. “在一份1000字的记录中，我们可能会遗漏一些证据. Don’t rely on the AJ to root out all of the material evidence.”
If a judge rules against a motion after apparently disregarding an important piece of evidence or ambiguous testimony, 澳博app应该说点什么.
“Alert the AJ to the place in the record [or] point out the dispute of material facts,” 她说.
除了, 她说, lawyers should discover 和 collect evidence that supports their client’s case, 尤其是在调查报告薄弱的地方. In these instances — 和 others when there is no direct evidence or no articulated rationale—it’s appropriate for attorneys on either side to move for a decision without a hearing. 辅导员也需要记住, 布朗说, that EEOC regulations allow AJs to exercise summary judgment at their discretion, 没有法律动议.
什么有效，什么无效
一些dos
Overall, EEOC AJ Kathryn 布朗说, attorneys can cut down on paperwork 和 increase efficiency.
其中包括:
- Follow procedures set forth in orders 和 any hearings guidance from the EEOC.
- 将提交的文件传真到AJ指定的号码.
- 购买自动接收传真的传真设备.
- Include the fax numbers 和/or addresses for both parties on orders needing the AJ’s signature.
- Retain proof of EEOC correspondence, such as fax confirmation or mail receipts.
- Recognize how your motions impact the AJ 和 other litigants.
- 陈述你的动议, 对方是否反对, 和, 如果已知, 描述为确定其意见所做的努力.
- Make meaningful efforts to resolve disputes, filing a motion as a last resort.
- 尽快申请延期/延期.
行为准则
除了, attorneys need to be careful of what not to do. Most of these actions add unnecessary time to the EEO proceedings.
根据布朗的说法，一些不应该做的事情包括:
- Don’t provide the AJ with the number of a fax machine that is not always ready to receive documents.
- Don’t request that the EEOC return datestamped copies of your filings.
- 不要等到最后一刻才申请延期, continuances or postponements 和 expect the AJ to issue an immediate ruling.
- Don’t lead the AJ to believe that you do not consider the case a scheduling priority.
- Don’t rely on other motions or settlement discussions to delay the process.
- Don’t expect the AJ to rule on your motion before having the opportunity to consider any opposition.
- Don’t forget that the impact of your motions extend beyond your adversary.
- Don’t assume that the case will receive a hearing merely because neither party filed a motion for summary judgment.
- Don’t hold back evidence to “surprise” the opposing counsel.
- Don’t submit too much paperwork 和 simultaneously ask to exceed page limits.
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