---
kind: "section"
citation: "5 C.F.R. § 2423.23"
title: "5"
number: "2423.23"
heading: "Prehearing disclosure."
url: "https://uscodex.org/cfr/5/2423.23"
---

# §2423.23. Prehearing disclosure.


Unless otherwise directed or approved by the Judge, the parties shall exchange, in accordance with the service requirements of [§ 2429.27(b)](/cfr/5/2429.27.md?p=b) of this subchapter, the following items at least 14 days prior to the hearing:

- (a) **Witnesses.** Proposed witness lists, including a brief synopsis of the expected testimony of each witness;
- (b) **Documents.** Copies of documents, with an index, proposed to be offered into evidence; and
- (c) **Theories.** A brief statement of the theory of the case, including relief sought, and any and all defenses to the allegations in the complaint.

## Notes

### Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

### Source

Source: 62 FR 40916, July 31, 1997, unless otherwise noted.