January 2011 - National Labor Relations Board

10400 REQUESTS TO PRODUCE BY OPPOSING COUNSEL10398.4 Record of ExhibitsThe trial attorney should keep a running record—a good place is in the trialbrief—of identification numbers of all exhibits marked, a short description of each,whether they were offered, whether they were received and, under “Remarks,” anythingelse that might be of value.10398.5 Submitted After Close of HearingThe Administrative Law Judge may allow parties to submit exhibits after theclose of the hearing pursuant to the following procedures:(a) All parties should stipulate on the record that certain evidence may bereceived after the close of the hearing and shall become part of the record upon receipt.(b) A description of the document(s) that a party proposes to offer should appearas part of the stipulation in the record and an appropriate exhibit number should bereserved.(c) Ordinarily, the trial attorney should reserve the right to inspect the documentswhen they are offered and to file objections; this right may be reserved by all parties.10398.6 Custody of ExhibitsThe official reporter retains custody of exhibits received into the record (or placedamong the rejected exhibits). The reporter is responsible for their safekeeping during andbetween hearing sessions. The reporter will not turn exhibits over to any party exceptupon direction by the Administrative Law Judge, in which case the reporter will befurnished a receipt. After the hearing is closed or indefinitely adjourned, the reporter willforward one copy of the exhibits to the Regional Office and one copy to the ALJ. Thereporter shall retain custody of all exhibits in the case when the hearing is adjourned to aspecified date. If the hearing is subsequently adjourned indefinitely, the exhibits will beforwarded to the Regional Office as above.10400 Requests to Produce by Opposing CounselDemands by opposing counsel for the production of documents other thanstatements or affidavits in possession of the Agency should be rejected except in thefollowing circumstances:Where a witness has been given or is about to be given the document torefresh memory or to impeach testimony.Where the General Counsel has granted advance permission to turn overthe document. But see Sec. 10398.See Secs. 11820–11828 if the demand is followed by service of a subpoena andSecs. 10394.6–10 if the demand is for statements and affidavits. See Sec. 11782.6 if aRevised 01/11