Exhibits at the MSPB Hearing

Exhibits are documents, recordings or other items which can be used during a hearing to support a federal employee's or agency's case.  There are a number of steps in order to utilize exhibits in the hearing process.  

Generally, the federal employee will request evidence which will be used as exhibits during the discovery period. Common examples of what a federal employee would like to obtain are emails that may help his or her case by showing proof of the defenses to the personnel action by the federal agency. For example, an email from the responsible management official contradicting that the federal employee’s alleged misconduct even took place would be helpful for the federal employee’s defense against the charge.

The process of entering an exhibit into the record at the MSPB will take a few steps.  Exhibits must be provided by both parties in their pre-hearing submissions to the Administrative Judge to use them later in the litigation process. The Judge is to not likely rule on the admissibility (the ability to use) of the exhibits at the pre-hearing conference, and will likely make that decision at the Hearing.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters and can guide you in obtaining important exhibits to preset a strong case. Call or message us today to discuss your claim and learn how we can assist you.