2952.1 After a hearing request is filed, OAH shall send a copy to the Program and may issue a scheduling order for a status conference. At the status conference, the Administrative Law Judge shall ordinarily issue an order establishing deadlines for the following discovery and hearing activities:

1. (a) Serving and filing of Discovery Requests, including designation of expert witnesses and exchange of witness reports, if any;
2. (b) Scheduling of depositions of the parties and witnesses;
3. (c) Close of Discovery;
4. (d) Filing of a Joint Pre-Hearing Statement, including designation of all witnesses that a party proposes to call at the hearing and a list of all exhibits the party proposes to offer into evidence. Copies of all proposed exhibits shall be served on the other party and filed with the Court together with the Joint Pre-Hearing Statement;
5. (e) Deadline for any Motions in Limine and responses;
6. (f) Date and time of the Pre-Hearing Conference; and
7. (g) Date and time of the Hearing.

2952.2 The following provisions shall be deadlines for Discovery:

1. (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 Administrative Law Judge;
2. (b) Depositions. Depositions for any purpose shall be noticed at least ten (10) days before the scheduled deposition date and the deposition date shall be before the close of discovery;
3. (c) Exchange Lists of Fact Witnesses. On or before the applicable scheduling order deadline(s), each party shall serve and file a list of all the party's fact witnesses, including the address, and telephone number, if available. 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. For good cause, an Administrative Law Judge may allow an undesignated witness to testify if allowing the testimony shall not unduly prejudice the opposing party;

(d) Expert Witness Report. If either party intends to offer an expert opinion, the opposing party may require the party to submit a report of the expert's testimony in accordance with § 2954.2. A treating physician may give opinion testimony about the cause and extent of a claimant's disability without having to prepare a report; and

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

2952.3 The presiding Administrative Law Judge may schedule continued status conferences and extend discovery deadlines as may be appropriate. Before filing a motion to extend discovery, or to reschedule a status conference, a party shall seek consent of the opposing party as required by § 2817.5.

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024).