§ 13.217. Joint procedural or discovery schedule.
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/us/cfr/t14/s§ 13.217·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. The parties may agree to submit a schedule for filing all prehearing motions, conducting discovery in the proceedings, or both.
(b)Form and content of schedule. If the parties agree to a joint procedural or discovery schedule, one of the parties must file the joint schedule setting forth the dates to which the parties have agreed, in accordance with § 13.210, and must also serve a copy of the joint schedule in accordance with § 13.211. The filing of the joint schedule must include a draft order establishing a joint schedule to be signed by the administrative law judge.
(1)The joint schedule may include, but need not be limited to, requests for discovery, objections to discovery requests, responses to discovery requests to which there are no objections, submission of prehearing motions, responses to prehearing motions, exchange of exhibits to be introduced at the hearing, and a list of witnesses that may be called at the hearing.
(2)Each party must sign the joint schedule.
(c)Time. The parties may agree to submit all prehearing motions and responses and may agree to close discovery in the proceedings under the joint schedule within a reasonable time before the date of the hearing, but not later than 15 days before the hearing.
(d)Joint scheduling order. The joint schedule filed by the parties is a proposed schedule that requires approval of the administrative law judge to become the joint scheduling order.
(e)Disputes. The administrative law judge must resolve disputes regarding discovery or disputes regarding compliance with the joint scheduling order as soon as possible so that the parties may continue to comply with the joint scheduling order.
(f)Sanctions for failure to comply with joint schedule. If a party fails to comply with a joint scheduling order, the administrative law judge may impose any of the following sanctions, proportional to the party's failure to comply with the order:
(1)Strike the relevant portion of a party's pleadings;
(2)Preclude prehearing or discovery motions by that party;
(3)Preclude admission of the relevant portion of a party's evidence at the hearing; or
(4)Preclude the relevant portion of the testimony of that party's witnesses at the hearing.