Okla. Stat. tit. 85, Rule 19
Motions to Set and Pretrial Stipulations
Effective Mar 2, 2002Adopted by order of the Supreme Court, 1997 OK 130 , eff. November 1, 1997; Amended by order of the Supreme Court, 2001 OK 46 , eff. July 1, 2001; Amended by order of the Supreme Court, 2002 OK 6, eff. March 2, 2002.
- A. Any party may request a trial on any issue by filing a Motion to Set for Trial (Form 9). When a Form 9 is filed on the issues of permanent partial disability (PPD) or permanent total disability (PTD), the claimant shall deliver a verified or declared medical report to opposing counsel. The name of the physician and the date of the report shall be noted on the Form 9. No Form 9 may be filed less than ten days from the date the claimant has filed a Form 3, 3-a, or 3-b with the Court. No Form 9 may be filed to request a trial on a Form 3-e claim against the employer for combined disabilities until the claimant's claim for compensation for the last compensable injury against the employer has been adjudicated or otherwise resolved.
- B. Except for objections to termination of temporary total disability made pursuant to 85 O.S., Section 17(D)(7), all cases involving a request for temporary compensation or medical treatment shall be set by the Court on a temporary issue scheduling docket prior to the case being docketed for trial. At the time of the temporary issue scheduling docket, all parties, to the best of their ability, shall advise the Court and all parties of the number of witnesses expected to be called at the time of trial.
- C. The procedure to request a trial for the termination of temporary compensation is set out fully in Rule 15.
- D. In all cases, the respondent shall file a Form 10 or Form 10M no later than thirty (30) days after the Motion to Set for Trial was filed. The Form 10 or Form 10M may be amended at any time, not later than twenty (20) days prior to the date of trial.
- E. No later than twenty (20) days prior to the date of trial, all parties shall exchange medical reports, all documentary evidence, exhibits and a complete list of witnesses with all opposing parties.
- F. Both the Motion to Set for Trial and the Pretrial Stipulations shall list the names of all witnesses, including any expert witnesses, which the party intends to call at the time of trial. Any witness not listed on the appropriate form shall not be allowed to testify. Failure to comply with this rule shall result in the exclusion of the evidence submitted at the time of trial.
- G. Upon receipt of a Motion to Set for Trial (Form 9), the respondent may make arrangements for the claimant to undergo a medical examination by a physician of its own choosing. The claimant shall appear at such examination, provided the respondent has furnished the claimant with reasonable advance notice and statutory travel expenses. Mileage and necessary lodging expenses are limited to the provisions of the State Travel Reimbursement Act, 74 O.S., Section 500.1 et. seq. Meals will be reimbursed at the rate of six dollars ($6.00) per meal per four hours of travel status, not to exceed three meals per day. Travel expenses paid to the claimant shall include only expenses for travel from the residence of the claimant at the time of the examination, not to exceed 600 miles round trip. The respondent shall not be liable for travel which is wholly within the limits of the city or town of the claimant's residence. Exceptions to this subsection shall be at the discretion of the Court.
- H. If the claimant refuses to appear at an examination by a physician of the respondent's choosing, the respondent may file a Form 13, Request for Prehearing Conference, requesting that claimant's Request for Hearing (Form 9) be held in abeyance until the examination is completed. The Court shall docket the request for a Prehearing Conference, at which time, the claimant shall show cause why the case should not be held in abeyance. The Court, in its discretion, may assess the cost of the examination against the claimant refusing to appear for the examination. In addition, if the case is held in abeyance, the Court shall order that no compensation shall be payable for the period of such refusal.
- I. The provisions of this rule may be excused by the Court for good cause shown.
Adopted by order of the Supreme Court, 1997 OK 130 , eff. November 1, 1997; Amended by order of the Supreme Court, 2001 OK 46 , eff. July 1, 2001; Amended by order of the Supreme Court, 2002 OK 6, eff. March 2, 2002.