Current through Register Vol. 54, No. 24, June 15, 2024
Section 131.63 - Time for taking oral depositions(a) An oral deposition may be taken at any time subsequent to 30 days after the date of assignment of the petition by the Department.(b) Oral depositions shall be completed so as not to delay unreasonably the conclusion of the proceedings, and within a time schedule agreed upon by the parties and approved by the judge provided that medical depositions shall be completed as specified in subsections (c) and (e).(c) The deposition of a medical expert testifying for the moving party shall be taken within 90 days of the date of the first hearing scheduled unless the time is extended or shortened by the judge for good cause shown. The deposition of a medical expert testifying for the responding party shall be taken within 90 days of the date of the deposition of the last medical expert testifying on behalf of the moving party.(d) A party wishing to present depositions for rebuttal or surrebuttal shall notify the judge in writing within 21 days after the conduct of the hearing or deposition at which the testimony to be rebutted or surrebutted has been given.(e) Depositions for rebuttal or surrebuttal shall be taken in accordance with § 131.53(e) (relating to procedures subsequent to the first hearing).(f) If a party fails to abide by the time limits established by this section for submitting evidence, the evidence will not be admitted, relied upon or utilized in the proceedings or the judge's rulings.(g) Subsections (a)-(f) supersede 1 Pa. Code §§ 35.145-35.152, 35.161 and 35.162.The provisions of this § 131.63 adopted March 29, 1991, effective 3/30/1991, 21 Pa.B. 1401; corrected September 27, 1991, effective 3/30/1991, 21 Pa.B. 4406; corrected October 11, 1991, effective 3/30/1991, 21 Pa.B. 4839; amended December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended December 19, 2014, effective 12/20/2014, 44 Pa.B. 7837.The provisions of this § 131.63 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers' Compensation Act (77 P.S. §§ 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P.S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. § 1514).
This section cited in 34 Pa. Code § 131.66 (relating to admissibility of oral depositions).