Event Title
Discovery in Agency Adjudication
Location
Duke Law School
Start Date
5-2-1971 11:15 AM
End Date
5-2-1971 12:15 PM
Description
In 1962 the temporary Administrative Conference of the United States adopted Recommendation No. 30, approving in principle the application of discovery rules to adjudicatory proceedings before federal administrative agencies and recommending that each agency adopt rules providing for discovery "to the extent and in the manner appropriate to its proceedings."
In June, 1970, the Conference adopted Recommendation 21: Discovery in Agency Adjudication. Where Recommendation No. 30 spoke in general terms and urged agencies to make appropriate provisions for discovery, Recommendation 21 outlines as specifically as possible the type of discovery which is appropriate in adjudicatory proceedings. The recommendation covers six separate discovery tools and designates minimum standards for their use in adjudicatory proceedings. Since there is great diversity in adjudicatory proceedings the Discovery Recommendation must recognize that the detailed recommendations which it contains may not be suitable for certain types of proceedings.
Related Paper
Edward A. Tomlinson, Discovery in Agency Adjudication, 1971 Duke Law Journal 89-147 (1971)
Available at: http://scholarship.law.duke.edu/dlj/vol20/iss1/3
Discovery in Agency Adjudication
Duke Law School
In 1962 the temporary Administrative Conference of the United States adopted Recommendation No. 30, approving in principle the application of discovery rules to adjudicatory proceedings before federal administrative agencies and recommending that each agency adopt rules providing for discovery "to the extent and in the manner appropriate to its proceedings."
In June, 1970, the Conference adopted Recommendation 21: Discovery in Agency Adjudication. Where Recommendation No. 30 spoke in general terms and urged agencies to make appropriate provisions for discovery, Recommendation 21 outlines as specifically as possible the type of discovery which is appropriate in adjudicatory proceedings. The recommendation covers six separate discovery tools and designates minimum standards for their use in adjudicatory proceedings. Since there is great diversity in adjudicatory proceedings the Discovery Recommendation must recognize that the detailed recommendations which it contains may not be suitable for certain types of proceedings.
Comments
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