Submission of documentary evidence

The administrative law judge sets the deadline for submitting documentary evidence. This is required when there has been no consent finding or summary decision under subpart C and a formal hearing is necessary, as stated in 1955.30(a).

• Submit your evidence by the date the judge sets and serve it on the other parties as directed by the judge or hearing rules. See also the general 1955 reference.

The requirement applies when there has been no consent finding or summary decision under subpart C and a formal hearing is necessary. That situation triggers the judge's duty to set a submission date, per 1955.30(a).

• If a consent finding or summary decision already exists under subpart C, this specific submission scheduling rule does not apply.

The submission date must be set sufficiently in advance to allow study and preparation for cross-examination and rebuttal evidence. The regulation does not give a specific number of days, but requires that the timing permit meaningful preparation, as stated in 1955.30(a).

• If you need a specific number of days, request a clear schedule from the administrative law judge early so you can prepare timely objections and cross-examination.

Yes — documentary evidence must be submitted to the administrative law judge and served on the other parties by the date the judge sets. This dual requirement is spelled out in 1955.30(a).

• Follow any specific service procedures the judge or the hearing rules provide to ensure timely and proper service.

Documentary evidence not submitted in advance may still be received into evidence, but only if the offering party makes a clear showing of good cause for the late production. This is the rule in 1955.30(a).

• Be prepared to explain promptly why the evidence was late (for example, newly discovered materials or unavoidable delay) and to show why admitting it will not unfairly prejudice the other parties.

The authenticity of all documents submitted in advance is deemed admitted unless written objections are filed prior to the hearing. This rule is stated in 1955.30(b).

• To prevent documents from being treated as authentic by default, file a written objection before the hearing identifying which documents you dispute and why.

Yes — a party may challenge authenticity later, but only upon a clear showing of good cause for failing to file written objections before the hearing. This exception is provided in 1955.30(b).

• If you missed the prehearing objection deadline, be ready to explain why you could not reasonably have objected earlier and why the late challenge is necessary.

File written objections to the authenticity of any documents submitted in advance before the hearing begins. If you do not, authenticity will be deemed admitted under 1955.30(b).

• Put objections in writing and serve them on all parties and the administrative law judge by the deadline set by the judge.

You should promptly notify the administrative law judge and the other parties and be prepared to show good cause for the late submission so the judge can decide whether to admit it. The rule allowing late admission on a good cause showing appears in 1955.30(a).

• Explain why the evidence could not have been produced earlier and address any potential unfair prejudice to other parties; follow any additional procedures the judge sets for late exhibits.

The regulation does not provide a detailed definition; it refers generally to documentary evidence that will be offered during the hearing. The requirement for advance submission is described in 1955.30(a).

• In practice, "documentary evidence" typically includes written exhibits, records, reports, photographs, and other tangible items you plan to offer at the hearing. Confirm the judge's expectations early to avoid disputes.

The party seeking to admit late evidence or to challenge authenticity late bears the burden of making a clear showing of good cause for the delay. This requirement is stated in both 1955.30(a) (late evidence) and 1955.30(b) (late challenge to authenticity).

• Prepare a factual explanation (e.g., newly discovered evidence, excusable neglect) and address any prejudice to the other side when making a good-cause showing.

The judge must set the date sufficiently in advance so parties have time to study the materials and prepare for cross-examination and rebuttal evidence, as required in 1955.30(a).

• This protects the fairness of the hearing by ensuring all parties can respond to documentary evidence before trial.

If no written objection is filed, the document's authenticity is deemed admitted, but a later challenge may be allowed only upon a clear showing of good cause for the earlier failure to object, as explained in 1955.30(b).

• Even when authenticity is deemed admitted, parties can still test the document's weight or completeness through cross-examination or by presenting contradictory evidence, while recognizing the authenticity presumption.