Current through Register Vol. 47, No. 12, December 22, 2023
A. A
claimant who is not represented by an attorney is not required to file a Form
58, Pre-hearing Brief.
(1) If the claimant
elects to file a Form 58, the claimant must mail the Form 58 to the
Commissioner's office identified on the hearing notice.
(2) The Commissioner's office shall send a
copy of the Form 58 to the employer's attorney.
B. Each attorney representing a party at a
hearing shall file and serve a Form 58 according to the following:
(1) The moving party must provide the Form 58
and proof of service to the opposing party at least fifteen days before a
scheduled hearing. The Form 58 must be complete and set forth the names and
addresses of persons known to the parties or counsel to be witnesses concerning
the facts of the case and indicate whether or not written or recorded
statements including video recordings and/or transcribed audio recordings have
been taken from any witness including the claimant, and indicate who has
possession of same. A nonmoving party must provide to the moving party a
response at least ten days before a scheduled hearing. The nonmoving party
shall also promptly supplement a response with respect to any question directly
addressed on the form and amend a response if the party obtains information
upon the basis of which the party knows the response was incorrect when made,
or the party knows the response, though correct when made, is no longer true
and the circumstances are such that a failure to amend the response is in
substance a knowing concealment.
(2) All amendments and supplements to a Form
58 must be made at least 5 days prior to the date of the scheduled hearing.
Otherwise, a party seeking to supplement or amend the Form 58 must move for
relief pursuant to R.67-613.
(3)
Each Form 58 shall be served on the opposing party pursuant to
R.67-211.
(4) All blanks on the
Form 58 must be completed pursuant to R.67-204.
(5) The parties may extend the Form 58 filing
deadlines required in (B)(1) and (2) by consent agreement in
writing.
C. The Form 58
shall remain in the Commission's file, but does not constitute evidence or
become part of the record of the hearing.
D. If an attorney fails to file and serve a
Form 58, the Commissioner may postpone the hearing according to R.67-613
or assess against an attorney by written order a fine not to exceed one hundred
dollars.
Amended by State Register
Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 21, Issue No.
4, eff April 25, 1997;
State
Register Volume 42, Issue No. 02, eff.
2/23/2018.
