Note: The following constitutes the proposed
changes in this Rule. Added language appears in bold italic script, and
proposed deletions are indicated by strikeout. The changes will not go
into effect until further notice by the Industrial Commission.
Rule 612
Depositions and Additional Hearings
(1) When additional testimony is necessary to the disposition of a case,
a Commissioner or Deputy Commissioner may order the deposition of witnesses, such
depositions to be taken on or before a day certain not to exceed sixty
60 days from the date of the ruling; provided, the date time
allowed may be postponed enlarged for good cause
shown. Within 30 days following hearing, the parties shall stipulate or each apply
to the Commissioner or Deputy Commissioner for an order setting depositions for all expert
witnesses they anticipate deposing if the case is not resolved upon the lay testimony. A
motion shall be supported by a statement that the moving party has made reasonable
attempts to obtain an agreement among the expert and the parties on the date, place and
time of the deposition, and whether the expert or opposing party consents to the date
proposed. If the parties cannot so stipulate, the Commissioner or Deputy Commissioner
shall issue a written order setting the time within which such deposition shall be taken.
The costs of such depositions shall be borne by the defendants for those
medical witnesses who examined plaintiff at defendants’ expense, in those instances
in which defendants are requesting the depositions, and in any other case which, in the
discretion of the Commissioner or Deputy Commissioner, it is deemed appropriate.
(2) In cases where a party, or an attorney for either party, refuses to
stipulate medical reports and the case must be reset or depositions ordered for testimony
of medical witnesses, a Commissioner or Deputy Commissioner may in his discretion assess
the costs of such hearing or depositions, including reasonable attorney fees, against the attorney
or his client party who refused the stipulation.
(3) Except under unusual circumstances, all lay evidence must be offered
at the initial hearing. Lay evidence can only be offered after the initial hearing by
order of a Commissioner or Deputy Commissioner. The costs of obtaining lay testimony
by deposition shall be borne by the party making the request unless otherwise ordered by
the Commission. (Amended effective January 1, 1992.)
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