If the litigation proceeds to trial, agency counsel is responsible for coordinating the appearance and travel, if necessary, of agency witnesses. Agency counsel shall participate in the trial preparation as needed. When required by any court or by DOJ, an agency representative shall be available to attend the trial. At the conclusion of the trial, the agency counsel shall consult with the Assistant United States Attorney or Trial Attorney about any post-trial proceedings and, in the case of an adverse judgment, provide the agency’s appeal recommendation.

[updated April 2018]