Motions, which are requests asking the judge to order some act to be done, such as having a party produce a document, are discouraged unless the parties try first to resolve the matter among themselves. The Secretary is required to provide the employer with inspection details early in the process. In some cases, the employer will also be required to provide certain documents, such as evidence of their safety program, to the Secretary. Discovery, which is the written exchange of information, documents and questionnaires between the parties before a hearing, is discouraged and permitted only when ordered by the judge. Appeals of actions taken by the judge before the trial and decision, such as asking the Commission to rule on the judge's refusal to allow the introduction of a piece of evidence, called interlocutory appeals, are not permitted.
Hearings are less formal.
The Federal Rules of Evidence, which govern other trials, do not apply. It is possible that not all relatively small cases eligible for E-Z Trial will be selected. The Chief Judge will assign cases for E-Z Trial or, if your case is not selected, you may request that it be chosen. Employee or Union Participation Affected employees or their unions who file a notice of contest may also request E-Z Trial. Even if the employer does not contest the citation, unions or affected employees can object to the abatement period.