Ohio Admin. Code 4715-15-18 - Requirements for pre-hearing exchange of information
Current through all regulations passed and filed through December 3, 2021
The attorney hearing examiner shall, upon written motion of any
representative of a party, issue an order setting forth a schedule by which the
parties shall simultaneously exchange hearing exhibits, identify lay and expert
witnesses and exchange written reports from expert witnesses. Any witness
including the respondent, identified as, or wishing to testify as an expert
witness, shall prepare and file an expert report that sets forth the opinions
to which the expert will testify and the bases for such opinions. The failure
of a party to produce a written report from an expert in accordance with this
rule or under the terms of the hearing examiner's order shall result in
the exclusion of that expert's testimony at hearing. The failure of a party to
produce an exhibit under the terms of the attorney hearing examiner's order may
result in the exclusion of that exhibit from evidence. The failure of a party
to identify a lay or expert witness under the terms of the hearing examiner's
order may result in the exclusion of that witness' testimony at hearing.
Notes
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.03, 4715.30, 119.
Prior Effective Dates: 11/10/2000, 04/07/2005, 04/02/2010
Promulgated Under: 119.03
Statutory Authority: 4715.03
Rule Amplifies: 4715.03
Prior Effective Dates: 11/10/2000, 04/07/2005, 04/02/2010
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ยง 4715-15-18. Requirements for pre-hearing exchange of information
The attorney hearing examiner shall, upon written motion of any representative of a party, issue an order setting forth a schedule by which the parties shall simultaneously exchange hearing exhibits, identify lay and expert witnesses and exchange written reports from expert witnesses. Any witness including the respondent, identified as, or wishing to testify as an expert witness, shall prepare and file an expert report that sets forth the opinions to which the expert will testify and the bases for such opinions. The failure of a party to produce a written report from an expert in accordance with this rule or under the terms of the hearing examiner's order may result in the exclusion of that expert's testimony at hearing. The failure of a party to produce an exhibit under the terms of the attorney hearing examiner's order may result in the exclusion of that exhibit from evidence. The failure of a party to identify a lay or expert witness under the terms of the hearing examiner's order may result in the exclusion of that witness' testimony at hearing.
(Five Year Review (FYR) Dates: 09/27/2016 and 09/25/2021 Promulgated Under: 119.03 Statutory Authority: 4715.03 Rule Amplifies: 4715.03(D), 4715.30, Chapter 119. Prior Effective Dates: 11/10/2000, 04/07/2005, 04/02/2010) (Effective: 04/02/2010 R.C. 119.032 review dates: 12/29/2009 and 01/30/2015 Promulgated Under: 119.03 Statutory Authority: 4715.03 Rule Amplifies: 4715.03(D), 4715.30, Chapter 119 Prior Effective Dates: 11-10-00; 4-7-05 )