Motions, which are requests asking the judge to order some act to be done, will not be viewed favorably unless the parties try first to resolve the matter among them. The Secretary is required to provide the employer with inspection details early in the proceeding. In some cases, the employer will also be required to provide certain documents to the Secretary. Discovery, which is the formal 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. These differences are explained in detail below. It is possible that not all relatively simple cases eligible for E-Z Trial will be selected for it. The Chief Judge will assign cases for E-Z Trial or, if your case is not selected, you may request that it be chosen. You might consider E-Z Trial if you or your local union wish to avoid the time and expense of a full blown hearing.