Last Update: 9/28/05 (Transmittal I-2-67)
When the proposed exhibits have been selected, arranged in proper order and marked, prepare an exhibit list following the format of I-2-1-93, Sample - Exhibit List (Final).
If additional evidence is received at or after the hearing, mark the item(s) with the next exhibit number(s). Add the exhibit(s) to the exhibit list under the heading “RECEIVED DURING HEARING” or “RECEIVED SUBSEQUENT TO HEARING,” as appropriate.
If the ALJ issues a fully favorable decision, a draft exhibit list may be used in the claim file. However, if the ALJ issues a partially favorable or unfavorable decision, the exhibit list must be prepared in final form and placed in the claim file.
The Chief Administrative Law Judge (CALJ) in a Reminder dated October 25, 1999, stated that based on the constitutional due process requirement that a claimant has the right to know upon what basis the ALJ is making the decision in his/her case, the preparation of exhibit lists in partially favorable and unfavorable cases is not a discretionary practice. Exhibit lists must be prepared.
In order to clearly identify the exhibits for any reviewing component which the Administrative Law Judge (ALJ) relied on in making a Decision, exhibits must be selected, arranged and marked in ALL Decision cases. However, in Fully Favorable Decisions, the Exhibit List does not need to be prepared. Thus, in all Fully Favorable Decisions exhibits will still be required to be selected, arranged and marked.
Many HOs prepare the exhibit list only in final form to avoid duplication of effort.