|
Search Keywords or type in your question (min 3 char.)
|
|
|
|
Attached Document:
hanks__04-13-05_memo__meachem_v_wing_.pdf
Documents : Documents Offered into Evidence
April 13, 2005 Memo to ALJs from Russell J. Hanks (Fair Hearing Training; Meachem v Wing)
|
This memorandum was issued by Deputy General Counsel for Administrative Hearings Russell J. Hanks as part of the Stipulation and Order of Settlement in Meachem v Wing, 99 Civ. 4630 (S.D.N.Y. April 20, 2005).
Under the heading, "Introduction of documents at the hearing," at p. 1, Deputy General Counsel for Administrative Hearings Russell J. Hanks states that
"As documents are being offered as evidence at a hearing, the hearing officer should clearly identify them for the record and indicate on the record that each party has a copy or is being shown a copy of the documents presented.
"A collection of documents, such as an evidence packet, should be separately identified to the extent practicable. Each document in a collection should be described by the hearing officer and then marked separately for identification. After a document has been offered as evidence, the hearing officer should indicate on the 'green sheet,' as well as on the record whether a document is or is not being accepted into evidence. If the hearing officer does not accept a document into evidence, he/she should explain the reason on the record. If the hearing officer chooses not to accept into evidence a document marked for identification, the hearing officer should explain the reason on the record but the document will nonetheless be made part of the fair hearing record. In what is anticipated to be rare instances, if a party offers into evidence voluminous documents that are clearly comp letely irrelevant to the issue or issues of the hearing, the hearing officer has the discretion not to mark the documents into evidence nor place them in the fair hearing file but should describe the documents and explain why they are irrelevant.
"In addition to checking that both sides either have the document, or have been shown it, the hearing officer should give the party being presented with the document an opportunity to review it and ask any questions with regard to the document."
|
|
Created: 5/30/2008
Updated: 5/31/2008
|
|
