Current through Reg. 49, No. 38; September 20, 2024
(a) Description of discovery. As used in this
chapter, discovery is the process by which a party may, before the hearing,
obtain evidence relating to the disputed issue or issues from the other parties
and witnesses. If the evidence is not produced voluntarily, the party may
request a subpoena, as provided in §
142.12 of
this title (relating to Subpoena). Discovery includes:
(1) parties' exchange of documentary
evidence;
(2) interrogatories, as
prescribed by §
142.19 of
this title (relating to Interrogatories); and
(3) witness depositions, as follows:
(A) a health care provider may be deposed
only on written questions; and
(B)
other witnesses may be deposed within their county of residence or employment,
orally or on written questions, if the administrative law judge determines the
party has good cause to request such testimony.
(b) Sequence of discovery. Parties shall
exchange documentary evidence in their possession not previously exchanged, as
described in subsection (c) of this section, before requesting additional
discovery by interrogatory, as described in subsection (d) of this section, or
deposition, as described in subsection (e) of this section. Additional
discovery shall be limited to evidence not exchanged, or not readily derived
from evidence exchanged.
(c)
Parties' exchange of documentary evidence.
(1) Except as provided in subsection (g) of
this section, no later than 15 days after the benefit review conference,
parties shall exchange with one another the following information:
(A) all medical reports and reports of expert
witnesses who will testify at the hearing;
(B) all medical records;
(C) any witness statements;
(D) the identity and location of any witness
known to have knowledge of relevant facts; and
(E) all photographs or other documents which
a party intends to offer into evidence at the hearing.
(2) Thereafter, parties shall exchange
additional documentary evidence as it becomes available.
(3) Parties shall bring all documentary
evidence not previously exchanged to the hearing in sufficient copies for
exchange. The administrative law judge shall make a determination whether good
cause exists for a party not having previously exchanged such information or
documents to introduce such evidence at the hearing.
(d) Interrogatories.
(1) Interrogatories, as prescribed by §
142.19 of
this title (concerning Interrogatories), may be used by all parties, including
subclaimants, to obtain information from any other party.
(2) Except as provided in subsection (g) of
this section, interrogatories must be presented no later than 25 days before
the hearing, unless otherwise agreed.
(3) Answers to interrogatories must be
exchanged no later than 10 days after receipt of the interrogatories.
(4) Answers to interrogatories must be made
under oath.
(e) Witness
deposition. A party wishing to depose a witness shall request permission for
deposition from the administrative law judge. The request shall:
(1) be made in writing;
(2) identify the witness to be
deposed;
(3) state why the
testimony is needed;
(4) propose a
date, time, and place for taking the deposition;
(5) include a copy of the questions to be
asked, if the deposition is to be on written questions;
(6) if needed, include a request for
subpoena, as provided by §
142.12 of
this title (relating to Subpoena);
(7) be filed with the division no later than
10 days before the hearing; and
(8)
be delivered to all parties, as provided by §
142.4
of this title (relating to Delivery of Copies to All
Parties).
(f) Additional
discovery. The administrative law judge may grant a party permission to conduct
discovery beyond that described previously upon a showing of good cause at a
hearing held for this purpose.
(g)
Time for discovery when the hearing is expedited or held without a prior
benefit review conference. The notice setting an expedited hearing, or a
hearing held without a prior benefit review conference, shall include time
limits for completion of discovery.
