I-4-1-51.Initial Screening by Court Records Assistant

Last Update: 9/13/05 (Transmittal I-4-15)

A. Determining Case Priority

Cases are assigned to CRAs based on geographic responsibility and date of service on the U.S. Attorney. Upon assignment, the CRA must first determine the priority to give to each case. Generally, the CCPRB Chief, an analyst, or an OS will have identified any case requiring immediate attention. The CRA is responsible for identifying any cases from jurisdictions in which the courts grant no (or very limited) extensions of time in which to file an answer. The priority for processing by the CRA is based upon the date the case is due in court, that is, a specified number of days after the complaint was served on the U.S. Attorney. Each CCPRB receives a list of cases from OGC which are due in court in 18 days (the “eighteen day list”). These cases must be completed on a PRIORITY basis. The CCPRBs also will receive another list from OGC identifying the cases due in court that day. These cases, as well as all overdue cases, must be processed to completion immediately. The CRA will ensure that express mail is used appropriately (i.e., cases must arrive in the U.S. Attorneys' offices within 7 days of the due date).

B. Initial Screening — General

After receiving a case and checking its priority, the CRA performs a general review of the files to detect any procedural or technical errors, including verification that the complaint is filed timely, which must be corrected before assembly of the administrative record can be completed. The CRA performs the preliminary review in order to identify any potential problems as early in the review as possible.

NOTE:

The CRA must ensure that all evidence of record relates to the claimant.

Before removing material from the claims file(s), the CRA scans the summons and complaint to ascertain the type of claim being litigated and ensures that he or she has the appropriate claim file(s) needed to complete the administrative record.

C. Procedural Review

The CRA ensures that:

  • The AC has responded to any evidence received within 60 days of its final action.

  • There is a typed AC order for all AC exhibits.

See I-4-1-52 if any problems in the procedural record are identified.

D. Review of Hearing Transcript

The CRA verifies that:

  • There are typed transcripts of all relevant hearings.

  • The claim type, claimant's name and SSN are accurate.

  • Page numbers are in correct sequence.

  • All witnesses took an oath.

  • The transcriber signed and certified the transcript.

  • The number of any inaudibles is within the specified guidelines.

See I-4-1-53 if any problems with the hearing transcript are found.

E. Exhibits

The CRA ensures that:

  • There is an exhibit list for all exhibits present (including AC exhibits).

  • Exhibits are legible and clearly marked.

  • Exhibits match description on exhibit list.

  • Exhibits match page count on exhibit list.

  • Exhibits relate to the relevant claimant.

  • Documents are mounted or reinforced.

  • Documents in foreign languages have been translated.

See I-4-1-54 if any problems in the evidentiary record are identified.