Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 12 - FORMAL HEARINGS
Section 351-12-8 - Exchange of Information; Discovery
Current through 2024-38, September 18, 2024
1. The parties shall complete the exchange of information form found in Appendix II, and provide it to the opposing party or parties no later than 30 days after mediation or the filing of a petition, whichever is later, and then on a continuing basis. The information must be sworn to by the party. If a party is represented by counsel, the signature of counsel constitutes that party's representation that after due inquiry, that party believes the information to be accurate and complete. If a party, in good faith, needs relevant information not covered in the questions contained in the exchange of information form, that party may ask up to three additional, non-complex questions of reasonable length, subject to objection by the opposing party or parties and review by the Administrative Law Judge. Subject to the limitations set forth in this rule, other information may be exchanged by agreement.
The employee shall provide to the employer any report generated by a physician, surgeon, or chiropractor who attended an examination under 39-A M.R.S.A. §207.
2. Discovery motions must be filed in the appropriate regional office. Objections to discovery motions must be filed within 21 days of their receipt. The Administrative Law Judge may decide the motion without a hearing or conference, but may schedule a hearing or conference, at the judge's discretion or upon request of one or more parties.
3. Witnesses may only be deposed by agreement of the parties or by order of the Administrative Law Judge pursuant to subsection 2. Unrepresented employees may not be deposed.
4. Except as provided in section 10, depositions of experts must be scheduled before the testimonial hearing and completed no later than 45 days after the hearing. Additional time may be allowed upon motion to the Administrative Law Judge. At the hearing, the parties shall provide the Administrative Law Judge with the dates of depositions that have been scheduled but are not yet completed.
