Wis. Admin. Code Employment Relations Commission ERC 93.02

Current through November 25, 2024

Section ERC 93.02 - Exchange of documents and witness lists prior to hearing

With the exception of rebuttal matter, names of witnesses and copies of exhibits shall be filed and served at least 3 working days before the commencement of the hearing. For the purpose of this section only, service is complete on receipt rather than on mailing. If no good cause is shown for the failure to comply with this section, the hearing examiner or commission may exclude the evidence after consideration of the following factors:

(1) The prejudice or surprise experienced by the party against whom the evidence is being offered;

(2) The ability of that party to cure any prejudice;

(3) The extent to which waiver of the requirement would disrupt the orderly and efficient hearing of the case;

(4) Bad faith or willfulness in failing to comply with the requirements; and

(5) Other factors relevant to the determination.

Wis. Admin. Code Employment Relations Commission ERC 93.02

Cr. Register, March, 1980, No. 291, eff. 4-1-80; renum. from PC 2.01 and am., Register, August, 1987, No. 380, eff. 9-1-87.

For example, compliance with the "3 working days" requirement in s. ERC 93.02 (intro.) means that the commission and the opposing party must each receive a party's witness list and copies of exhibits no later than 4:30 p.m. on the Wednesday preceding a Monday hearing, where neither that Wednesday, nor the intervening Thursday or Friday is a legal holiday listed in s. 230.35(4) (a), Stats.