D.C. Mun. Regs. r. 1-2952

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 1-2952 - PUBLIC SECTOR WORKERS COMPENSATION - SCHEDULING

2952.1

After a hearing request is filed, OAH shall send a copy to the Program and shall issue a scheduling order. Unless otherwise directed by an Administrative Law Judge (ALJ), the scheduling order shall establish deadlines for the following discovery and hearing activities:

Serving and Filing of Discovery Requests

Exchange of Fact Witness Lists

Claimant's Expert Witness Designation

Agency Expert Witness Designation

Claimant's Expert Witness Reports

Agency Expert Witness Reports

Close of Discovery

Joint Pre-Hearing Statement

Deadline for Motions in Limine

Deadline for Responses to Motions in Limine

Pre-Hearing Conference

Hearing

Absent unusual circumstances, the hearing will take place within one hundred eighty (180) days of receipt of the hearing request.

2952.2

Discovery Deadlines.

(a) Discovery Requests. No interrogatories, requests for admission, requests for production or inspection, or other discovery requests may be served after the deadline for discovery requests without approval of an ALJ.

(b) Depositions. Depositions for any purpose must be noticed at least ten (10) days before the scheduled deposition date and the deposition date must be before the close of discovery.

(c) Exchange Lists of Fact Witnesses. On or before the applicable scheduling order deadline(s), each party must serve and file a list of all the party's fact witnesses, including the witness's name, address, and telephone number. No witness who is not designated in the lists may be called to testify at the hearing except for impeachment or rebuttal or upon a showing that the party did not learn of the witness until after the deadline.

(d) Expert Witness Report. If either party intends to offer expert opinion, the party must serve and file the report required by § 2954.2 by the scheduling order deadline.

(e) Close of Discovery. No deposition or other discovery may be had after the applicable scheduling order deadline except by permission of an ALJ upon a showing of good cause.

2952.3

Any motion to modify the scheduling order must provide a detailed discovery plan listing the methods of discovery to be used, the persons or materials to be examined, the reason why the discovery could not be completed within the existing schedule, and the date or dates by which the discovery will be completed. Before filing a motion to extend discovery, a party must seek consent of the opposing party as required by OAH Rule 2813.5.

D.C. Mun. Regs. r. 1-2952

Final Rulemaking published at 64 DCR 6616 (7/14/2017)