Published: 2017-07-14

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2954.1 Each party shall disclose the identity and proposed testimony of any expert witness in accordance with the scheduling order issued pursuant to § 2952.1.

2954.2 Unless otherwise stipulated, any expert witness report must contain the following:

a) A statement of all opinions the witness will express and the basis for those opinions.

b) The data or other information considered by the witness in forming them.

c) Any exhibits that will be used to summarize or support them.

d) The witnesses’ qualifications, including a list of all publications authored in the previous ten (10) years.

e) A list of all other cases in which, during the previous four (4) years, the witness testified as an expert at trial or by deposition.

f) A statement of the compensation to be paid for the study and testimony in the case.

g) The following certification signed by the witness: “I hereby certify that this report is a complete and accurate statement of all my opinions, and the basis and reasons for them, to which I will testify under oath.”

2954.3 A party may depose any person who has been identified as an expert and whose opinions may be presented at the hearing.

2954.4 Interrogatories. Unless otherwise stipulated or ordered, a party may serve on any other party no more than twelve (12) written interrogatories, including subparts. The interrogatories must be answered as follows:

a) By the party to whom they are directed or, if by the District, by any officer or agent, who must furnish the information available to the party.

b) The responding party must serve answers or objections within twenty-one (21) days after being served.

c) Objections to interrogatories must be stated specifically. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath. Answers and objections must identify and quote each interrogatory in full immediately preceding the answer or objection.

d) The person who makes the answers must sign them, and the attorney who objects must sign any objections.

e) If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records, including electronically stored information, and if the burden of deriving or ascertaining the answer is substantially the same for either party, the responding party may answer by:

(1) Specifying the records that must be reviewed in sufficient detail to enable the interrogating party to locate them as readily as the responding party; and

(2) Giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

2954.5 Requests for Production of Documents. Requests shall be made and responded to in accordance with D.C. Superior Court Civil Rule 34.

2954.6 Requests for Admission. Unless otherwise stipulated or ordered, a party may serve no more than fifteen (15) requests for admission on the other party. Requests shall be made and responded to in accordance with D.C. Superior Court Civil Rule 36.

2954.7 Depositions. Depositions will be conducted in accord with D.C. Superior Court Civil Rules 30 and 31.

2954.8 Motions To Compel. No party shall file a motion to compel discovery without permission of the presiding ALJ. Permission shall be granted only after the parties or counsel have conferred in an effort to resolve the dispute or a party or counsel has made at least three attempts to contact the opposing party or counsel without success to set up a meeting to confer.

a) If the parties are unable to resolve the dispute after discussing it for a reasonable period of time, they shall request a telephone conference with the presiding ALJ.

b) If the dispute cannot be resolved by conference call with the ALJ, the ALJ may direct the moving party to file a motion to compel discovery.

c) Before filing a motion to compel discovery without having conferred with the opposing party or counsel, the moving party or counsel must submit a written description of three separate attempts to contact the opposing party or counsel by telephone or email, including dates and times, and describe any response that was received. If an ALJ finds that a party has made a good faith effort to resolve the issue, the ALJ may direct the moving party to file a motion to compel discovery. The ALJ may also impose appropriate sanctions on the opposing party.

d) Any motion to compel discovery shall state specifically the discovery that was requested and any objections raised by the opposing party and specify the information or documents that the opposing party declined to provide.

e) An opposing party may respond to a motion to compel within the time specified in OAH Rule 2813.6 or such other time as the presiding ALJ shall specify.

2954.9 Sanctions. If the District’s motion to compel is granted, in addition to other sanctions that the presiding ALJ may impose, the ALJ shall deduct any reasonable expenses, costs, and fees incurred by the District, including attorney's fees, from any award of attorney's fees to the Claimant.

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017).