Regulation 8 - Time Guidelines for Pending Cases(A)Pre-hearing Conference. Within twenty days of the appointment of a hearing panel, the panel chair shall conduct a pre-hearing conference with the parties and counsel of record. At the discretion of the panel chair, a pre-hearing conference may be held by telephone and may be continued from day-to-day. The pre-hearing conference shall be conducted to accomplish the following objectives:(1) Simplification of the issues;(2) Determine the necessity for any amendment to the pleadings;(3) Establish a discovery timetable;(4) Identify anticipated witnesses and the exchange of reports of anticipated expert witnesses;(5) Identify and arrange for the exchange of copies of anticipated exhibits;(6) Discuss the possibility of a consent to discipline agreement, obtaining stipulations of fact, and obtaining stipulations regarding the admissibility of exhibits;(7) Establish a final hearing date;(8) Discuss any other matters that may expedite the resolution of the case.(B)Prehearing Scheduling Order.(1) Following the prehearing conference, the panel chair shall issue an order as appropriate in the case. Except as otherwise provided in this regulation, an order that establishes a hearing date shall contain deadlines for the completion of prehearing activities and the filing of documents in accordance with the following schedule: Prehearing activity or filing: | Standard deadline: |
Exchange and file witness lists | 56 days prior to hearing date |
Completion of depositions and other discovery | 28 days prior to hearing date |
Exchange proposed exhibit lists and exhibits | 21 days prior to hearing date |
Objections to proposed exhibits | 14 days prior to hearing date |
Response to objections to proposed exhibits | 7 days prior to hearing date |
File hearing exhibits, witness lists, and stipulations | 7 days prior to hearing date |
(2) The panel chair may modify the standard deadlines set forth in division (B)(1) of this regulation.(3) The panel chair may modify the prehearing order sua sponte or upon motion of a party for good cause shown.(C)Hearing Date. The panel chair shall establish a hearing date in consultation with the parties and other panel members. The hearing date shall be no more than one hundred fifty days following the appointment of the panel. Continuances of the hearing date shall not thereafter be granted due to counsel's or respondent's scheduled appearance before any state court or public agency, except the Supreme Court of Ohio or this Board as set forth in Rule 41(B)(2) of the Rules of Superintendence for the Courts of Ohio.(D)Submission of Panel Reports.(1) The report of the panel for all hearings not conducted on an expedited basis shall be submitted to the director within forty days of the filing of the transcript or the last post-hearing brief, whichever is later. Upon receipt of an approved panel report, the director shall place the report on the agenda for consideration at the next regularly scheduled meeting of the Board.(2) The panel report should be submitted to the director at least seven days prior to the Board meeting.(E)Time Guidelines Not Jurisdictional. Failure by the Board to meet the time guidelines set forth in this regulation shall not be grounds for dismissal of the complaint.Ohio. Gov. Bar. R., reg. 8
Amended effective 3/1/2023.