D.C. Mun. Regs. tit. 1, r. 1-2821

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2821 - DISCOVERY, EXPERT, AND OPINION TESTIMONY

2821.1

Discovery is generally not permitted. An Administrative Law Judge may authorize discovery for good cause shown, but interrogatories and depositions are disfavored.

2821.2

A party may move for an Administrative Law Judge to issue a subpoena to require any non-party to provide documents prior to the hearing in accordance with §§ 2824, 2934, 2975, and 2984, as applicable.

2821.3

Any motion for discovery shall explain the relevance of the information that is sought and shall describe all attempts to obtain consent from the opposing party, including a description of all discovery to which the opposing party has agreed.

2821.4

Unless otherwise ordered by an Administrative Law Judge, any motion for discovery shall be filed at least twenty (20) calendar days before the date of any scheduled evidentiary hearing.

2821.5 An Administrative Law Judge may impose appropriate sanctions if a party fails to comply with a discovery request, including prohibiting the party from offering evidence and ordering that specific facts are established.

2821.6

At an Administrative Law Judge's discretion, a witness may be allowed to offer opinion testimony even if the witness is not qualified by an Administrative Law Judge as an expert in a particular subject matter. A party wishing to present expert or other opinion testimony may disclose to the other parties in writing, a reasonable time prior to the witness's testimony, some or all of the following:

(a) The witness's identity and professional experience (a resume or curriculum vitae);

(b) The opinions to which the witness expects to testify;

(c) A short and plain statement of the basis for each opinion to which the witness expects to testify; and

(d) If the witness expects to base an opinion on publications, a list of those publications.

2821.7 The disclosures under §§ 2821.6 may be prepared by someone other than the witness. A party may be required to make any or all of these disclosures by order of an Administrative Law Judge.

2821.8

For good cause shown, including undue prejudice to a party, an Administrative Law Judge may limit, postpone, or refuse to allow expert or other opinion testimony. In deciding whether a witness may offer expert or other opinion testimony and in assessing how much weight to give to such testimony, an Administrative Law Judge may consider the adequacy, timing, or absence of the disclosures described in §§ 2821.6 as well as any failure to make an ordered disclosure.

D.C. Mun. Regs. tit. 1, r. 1-2821

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12556 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .