D.C. Mun. Regs. tit. 3, r. 3-5511

Current through Register 71, No. 45, November 7, 2024
Rule 3-5511 - PRE-HEARING CONFERENCES AND DISCOVERY
5511.1

Prior to any scheduled adversarial hearing, the Board may require that the respondent or his or her attorney or representative appear for a pre-hearing conference with the Director to consider the following:

(a) Simplification of the issues;
(b) The necessity or desirability of amendments to the pleadings;
(c) The possibility of obtaining the admission of facts and documents which will avoid unnecessary proof;
(d) Limitation of the number of witnesses; and
(e) Other matters which may aid in the disposition of the notice of violation.
5511.2

The Board may require the Director and the respondent(s) to submit a pre-hearing statement to the Board which recites the action taken at the conference, the amendments allowed to the pleadings by agreement of the parties, and the agreements made by the parties as to any of the matters considered which limit the issues for hearing to those issues not disposed of by admissions or agreements of counsel or parties.

5511.3

Upon the request of the respondent, the Director must disclose to the respondent and make available for inspection, copying, or photographing any relevant written or recorded statements made by the respondent and any books, papers, documents, photographs, tangible objects, or other evidence which is in the possession of the Director and which:

(a) The Director intends to introduce at the hearing; or
(b) Are material to the preparation of the respondent's defense.
5511.4

Upon the request of the Director, the respondent must disclose to the Director and make available for inspection, copying or photographing any evidence that the respondent intends to introduce at the hearing.

5511.5

The Director and the respondent shall exchange a list of expected witnesses that may be called at the hearing.

5511.6

Unless otherwise required by the Board, the disclosures required by §§ 5511.3, 5511.4, and 5511.5 shall be completed no later than ten (10) days in advance of the adversarial hearing.

5511.7

In its discretion, the Board may exclude the introduction of evidence or the testimony of witnesses that a party failed to disclose as required by §§ 5511.3, 5511.4, and 5511.5.

5511.8

The Board may issue a pre-hearing order concerning the timing and manner of discovery and any pretrial motions or orders.

D.C. Mun. Regs. tit. 3, r. 3-5511

Final Rulemaking published at 60 DCR 747 (January 25, 2013); amended by Final Rulemaking published at 66 DCR 10535 (8/16/2019)
Authority: Section 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.) (2012 Supp.)).