Untimely evidence is a term used by unemployment judges to suggest.
Basically, a claim stating you failed at submitting evidence on time means you cannot use it going forward.
In my experience, every applicant trying to collect unemployment benefits can defend against untimely evidence by understanding these rules:
- Exhibits
- Witnesses
- Continuances, and
- Subpoenas
Exhibits or untimely evidence in an appeal hearing?
When a person or business submits evidence correctly and before the time limit, they usually receive a copy in the mail with an exhibit number. In Minnesota, the exhibit number for an unemployment appeal will include a “watermark” in the lower right-hand corner of each piece of paper or document.
If a person did not receive a copy in the mail or their online account fails to mention their evidence, very likely the document submitted to support your unemployment claim never made it to the right person.
As of the date of this article, the unemployment rule identified HERE suggests documents or exhibits must be submitted to the unemployment law judge within five (5) calendar days.
Very likely, failing to submit evidence before the time identified in rule 3310.2911 will result in untimely evidence.
Untimely evidence for your witnesses
Any person trying to acquire a written statement from a potential witness will likely be impacted by the rules referenced above.
Luckily, an applicant trying to prove their claim for unemployment in Minnesota can combat a tardy witness or their unwillingness to help by seeking a subpoena.
On the other hand, failing to make this request as the rules support or allowing the unemployment office to affirm the witness is not needed might be detrimental to your case. Thus, this issue requires extreme caution.
Acquiring a continuance for untimely evidence
Absolutely, a person confronting an untimely evidence issue for an unemployment hearing in Minnesota can seek or ask for a continuance. A continuance means the case is delayed.
Yes, every person making this request needs to acknowledge it is only a request. In other words, the request can be denied.
Those seeking an unemployment appeal need to be prepared for having a continuance denied.
Untimely evidence is a big deal
Look, the rules for an unemployment hearing are strict. Yes, an unemployment law judge can deny untimely evidence if the evidence is not properly received.
Properly received evidence is outlined by Minnesota unemployment rule 3310.2922. Applicants believing the exclusion of evidence might impact their case should urgently seek help or become immediately familiar with the rules.
Need help with untimely evidence
Please contact me if you need help acquiring evidence, submitting evidence, proving evidence and working around untimely evidence issues.
