Cal. Code Regs. Tit. 8, § 20274 - Production of Statements of Witnesses After Direct Testimony
(a) After direct examination of a witness,
and upon motion of any party, the administrative law judge shall order the
production of any statements of the witness in the possession of any other
party that relate to the subject matter of the testimony. Should the statements
produced be in a language other than English, a translation of the statement
shall be made by the official interpreter retained for the
proceeding.
(b) A statement
includes a written declaration by the witness, signed or otherwise adopted or
approved by the witness, or a recording or transcription of a recording which
is a verbatim recital of an oral statement that was recorded at the time the
statement was made.
(c) If the
party sponsoring the testimony claims that a statement ordered to be produced
under this section contains matter which does not relate to the subject matter
of the testimony or matter which is privileged, the party shall deliver the
statement to the administrative law judge for private inspection. The
administrative law judge may excise those portions of the statements which do
not relate to the subject matter of the testimony or the subject matter of the
hearing, or which are privileged. The remainder of the statement shall be
delivered to the moving party.
Notes
2. Editorial correction of NOTE filed 2-16-83 (Register 83, No. 8).
3. Amendment of subsections (a) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
4. Amendment of subsections (b)-(c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151 and 1160.2, Labor Code.
2. Editorial correction of Note filed 2-16-83 (Register 83, No. 8).
3. Amendment of subsections (a) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
4. Amendment of subsections (b)-(c) filed 8-29-2023; operative
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(a) After direct examination of a witness, and upon motion of any party, the administrative law judge shall order the production of any statements of the witness in the possession of any other party that relate to the subject matter of the testimony. Should the statements produced be in a language other than English, a translation of the statement shall be made by the official interpreter retained for the proceeding.
(b) A statement includes a written declaration by the witness, signed or otherwise adopted or approved by him or her, or a recording or transcription of a recording which is a verbatim recital of an oral statement that was recorded at the time the statement was made.
(c) If the party sponsoring the testimony claims that a statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony or matter which is privileged, the party shall deliver the statement to the administrative law judge for his or her private inspection. The administrative law judge may excise those portions of the statements which do not relate to the subject matter of the testimony or the subject matter of the hearing, or which are privileged. The remainder of the statement shall be delivered to the moving party.
Notes
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151(a) and 1160.2, Labor Code.
2. Editorial correction of Note filed 2-16-83 (Register 83, No. 8).
3. Amendment of subsections (a) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).