Documents and Other Evidence

Copies of the documents that will be used as exhibits in the hearing are sent to both parties prior to the hearing. Read them carefully and have them available during the hearing.

If you want the ALJ to consider other documents, you must mail or fax a copy of these papers immediately to the judge and to the other party who received notice of the hearing so the documents will be received with adequate time to be reviewed before the hearing. The other party's address is on the Notice of Hearing. Failure to provide the other party with the documentation submitted to the ALJ may result in your documentation not being admitted. The ALJ will not send the opposing party copies of your documents for you.

Start preparing for the hearing as soon as you file your appeal or receive notice that the other party has appealed. You may need written evidence to help your case. Examples of written evidence are: letters, time cards, medical reports, company policies, performance evaluations, written warnings, etc. For the written evidence to be admitted as evidence, you must be able to explain who prepared the document or paper, what its purpose is, and how it helps your case. If you need records that are not available to you, call the Appeals Unit about getting an order or subpoena for the documents.

If it is necessary to submit numerous documents, prepare a summary of the information necessary to prove your point. Copy and submit only those pages of a handbook, manual, rules, or policy book, etc., which contain the necessary information.

To draw attention to a particular part of the information, use a black pen to mark in the margin or to underline the important parts.

DO NOT USE A HIGHLIGHTER. When copied or faxed, highlighter obscures what you wanted the judge to see.