(a) An
oral deposition may be taken at any time subsequent to 30 days after the date
of assignment of the petition by the Department.
(b) Oral depositions shall be completed so as
not to delay unreasonably the conclusion of the proceedings, and within a time
schedule agreed upon by the parties and approved by the judge provided that
medical depositions shall be completed as specified in subsections (c) and
(e).
(c) The deposition of a
medical expert testifying for the moving party shall be taken within 90 days of
the date of the first hearing scheduled unless the time is extended or
shortened by the judge for good cause shown. The deposition of a medical expert
testifying for the responding party shall be taken within 90 days of the date
of the deposition of the last medical expert testifying on behalf of the moving
party.
(d) A party wishing to
present depositions for rebuttal or surrebuttal shall notify the judge in
writing within 21 days after the conduct of the hearing or deposition at which
the testimony to be rebutted or surrebutted has been given.
(e) Depositions for rebuttal or surrebuttal
shall be taken in accordance with §
131.53(e)
(relating to procedures subsequent to the first hearing).
(f) If a party fails to abide by the time
limits established by this section for submitting evidence, the evidence will
not be admitted, relied upon or utilized in the proceedings or the judge's
rulings.
Notes
The provisions of
this § 131.63 adopted March 29, 1991,
effective 3/30/1991, 21 Pa.B. 1401; corrected September 27, 1991,
effective 3/30/1991, 21 Pa.B. 4406; corrected October 11, 1991, effective
3/30/1991, 21 Pa.B. 4839; amended December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended December 19, 2014, effective 12/20/2014, 44
Pa.B. 7837.
The provisions of this § 131.63 amended under sections
401.1, 435(a) and (c) and 1608 of
the Workers' Compensation Act (77 P.S. §§
710,
991(a) and (c) and 2708);
section 2205 of The Administrative Code of 1929 (71 P.S. §
565); and section 414 of The Pennsylvania
Occupational Disease Act (77 P.S. §
1514).
This section cited in 34 Pa. Code §
131.66 (relating to admissibility
of oral depositions).
