The Colorado Lawyer
Vol. 31, No. 4 [Page 101]
© 2002 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.
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From the Courts
Colorado Supreme Court Rules Committee
Rule Change #2002(3)
Colorado Rules of Civil Procedure
Chapter 2. Pleadings and Motions
Rule 16. Case Management and Trial Management
Amended and Adopted
[Note: See "Comments on the Amendments to C.R.C.P. 16: An Opportunity to Enjoy Practicing Law,"
by Robert J. Truhlar, on page 23 of this issue.]
Rule 16. Case Management and Trial Management
(a) Purpose and Scope. The purpose of this Rule 16 is to establish a uniform, court-supervised procedure involving case management which encourages professionalism and cooperation among counsel and parties to facilitate disclosure, discovery, pretrial and trial procedures. This Rule shall govern case management in all district court civil cases except as provided herein. This Rule shall not apply to domestic relations, juvenile, mental health, probate, water law, forcible entry and detainer, C.R.C.P. 120, and other similar expedited proceedings, unless otherwise ordered by the court or stipulated by the parties. The disclosures and information required to be included in both the Case Management and Trial Management Orders interrelate to discovery authorized by these rules. The right of discovery shall not constitute grounds for failing to timely disclose information required by this Rule, nor shall this Rule constitute a ground for failing to timely disclose any information sought pursuant to discovery.
(b) Presumptive Case Management Order. Except as provided in sections (c)-(e) of this Rule, the parties shall not file a Case Management Order and subsections (1)-(10) of this section shall constitute the Case Management Order and shall control the course of the action from the time the case is at issue until otherwise required pursuant to section (f) of this Rule.
(1) At Issue Date. For the purposes of this Rule, a case shall be deemed at issue at such time as all parties have been served and all pleadings permitted by C.R.C.P. 7 have been filed or defaults or dismissals have been entered against all non-appearing parties, or at such other time as the court may direct.
(2) The Responsible Attorney. For purposes of this Rule, "the responsible attorney" shall mean plaintiff’s counsel, if the plaintiff is represented by counsel, or if not, the defense counsel who first enters an appearance in the case. The responsible attorney shall schedule conferences among the parties, prepare and file the certificates of compliance, prepare and submit the proposed Modified Case Management Order, if applicable, and prepare and submit the proposed Trial Management Order.
(3) Meet and Confer. No later than 15 days after the case is at issue, lead counsel for each party and any party who is not represented by counsel shall confer with each other about the nature and basis of the claims and defenses; the matters to be disclosed pursuant to C.R.C.P. 26(a)(1); and whether a Modified Case Management Order is necessary pursuant to subsection (c) of this Rule.
(4) Trial Setting. No later than 30 days after the case is at issue, the responsible attorney shall set the case for trial pursuant to C.R.C.P. 121 § 1-6, unless otherwise ordered by the Court.
(5) Disclosures. No later than 30 days after the case is at issue, the parties shall serve their C.R.C.P. 26(a)(1) disclosures. The parties shall disclose expert testimony in accordance with C.R.C.P. 26(a)(2).
(6) Settlement Discussions. No later than 35 days after the case is at issue, the parties shall explore the possibilities of a prompt settlement or resolution of the case.
(7) Certificate of Compliance. No later than 45 days after the case is at issue, the responsible attorney shall file a Certificate of Compliance. The Certificate of Compliance shall state that the parties have complied with all requirements of subsections (b)(3)-(6), inclusive, of this Rule or, if they have not complied with each requirement, shall identify the requirements which have not been fulfilled and set forth any reasons for the failure to comply.
(8) Time to Join Additional Parties and Amend Pleadings. No later than 120 days after the case is at issue, all motions to amend pleadings and add additional parties to the case shall be filed.
(9) Pretrial Motions. No later than 35 days before the trial date, pretrial motions shall be filed, except for motions pursuant to C.R.C.P. 56, which must be filed no later than 75 days before the trial date.
(10) Discovery Schedule. Discovery shall be limited to that allowed by C.R.C.P. 26(b)(2). Except as provided in C.R.C.P. 26(d), discovery may commence 45 days after the case is at issue. The date for completion of all discovery shall be 50 days before the trial date.
(c) Modified Case Management Order. Any of the provisions of section (b) of this Rule may be modified by the entry of a Modified Case Management Order pursuant to this section and section (d) of this Rule.
(1) Stipulated Modified Case Management Order. No later than 45 days after the case is at issue, the parties may file a Stipulated proposed Modified Case Management Order, supported by a specific showing of good cause for each modification sought including, where applicable, the grounds for good cause pursuant to C.R.C.P. 26(b)(2). Such proposed order only needs to set forth the proposed provisions which would be changed from the presumptive Case Management Order set forth in section (b) of this Rule. The Court may approve and enter the Stipulated Modified Case Management Order, or may set a case management conference.
(2) Disputed Motions for Modified Case Management Orders. If any party wishes to move for a Modified Case Management Order, lead counsel and any unrepresented parties shall confer and cooperate in the development of a proposed Modified Case Management Order. A motion for a Modified Case Management Order and one form of the proposed Order shall be filed no later than 45 days after the case is at issue. To the extent possible, counsel and any unrepresented parties shall agree to the contents of the proposed Modified Case Management Order but any matter upon which all parties cannot agree shall be designated as "disputed" in the proposed Modified Case Management Order. The proposed Order shall contain specific alternate provisions upon which agreement could not be reached and shall be supported by specific showing of good cause for each modification sought including, where applicable, the grounds for good cause pursuant to C.R.C.P. 26(b)(2). Such motion only needs to set forth the proposed provisions which would be changed from the presumptive case management Order set forth in section (b) of this Rule. The motion for a modified case management order shall be signed by lead counsel and any unrepresented parties, or shall contain a statement as to why it is not so signed.
(d) Case Management Conference. If there is a disputed modified case management order or if any counsel or unrepresented party believes that it would be helpful to conduct a case management conference, a notice to set case management conference shall be filed stating the reasons why such a conference is requested. If a Notice to Set Case Management conference is filed concerning a disputed Modified Case Management Order, or if the Court determines that such a conference should be held, the Court shall set a Case Management Conference. The conference may be conducted by telephone. The court shall promptly enter a Modified Case Management Order containing such modifications as are approved by the Court.
(e) Amendment of the Case Management Order. At any time later than 45 days after the case is at issue, a party wishing to amend the presumptive Case Management Order or a Modified Case Management Order shall file a motion stating each proposed amendment and a specific showing of good cause for the timing and necessity for each modification sought including, where applicable, the grounds for good cause pursuant to C.R.C.P. 26(b)(2).
(f) Trial Management Order. No later than 30 days before the trial date, the responsible attorney shall file a proposed Trial Management order with the court. Prior to trial, a Trial Management Order shall be entered by the Court.
(1) Cases with Unrepresented Parties. If any unrepresented party will be participating in the trial, the responsible attorney shall promptly file a Notice to Set Trial Management conference after all disclosures have been served and discovery has been completed and the court shall conduct a Trial Management conference on the record and issue a Trial Management Order pursuant to subsection (f)(4) of this Rule. The responsible attorney shall submit a proposed Trial Management Order prior to the conference by filing the same with the Court and serving a copy thereof on all other parties.
(2) All Parties Represented by Counsel.
(A) If all parties are represented by counsel, lead counsel for each party shall confer with each other to develop jointly a proposed trial management order. Plaintiff’s counsel shall be responsible for scheduling conferences among counsel and preparing and filing the proposed trial management order.
(B) Not later than 40 days before the trial date, each counsel shall exchange a draft of the lists of witnesses and exhibits required in subsections (f)(3)(VI)(A) and (B) of this Rule together with a copy of each documentary exhibit to be listed pursuant to subsection (f)(3)(VI)(B) of this Rule.
(C) To the extent possible, counsel shall agree to the contents of the proposed Trial Management Order. Any matter upon which all counsel cannot agree shall be designated as "disputed" in the proposed order and the proposed trial management order shall contain specific alternative provisions upon which agreement could not be reached. The proposed Trial Management Order shall be signed by lead counsel for each party and shall include a place for the court’s approval.
(D) If there are any disputed matters or if any counsel believes that it would be helpful to conduct a Trial Management conference, the filing of the proposed Trial Management order shall be accompanied by a Notice to Set Trial Management conference, stating the reasons why such a conference is requested.
(3) Form of Trial Management Order. The proposed Trial Management Order shall contain the following matters under the following captions and in the following order:
I. STATEMENT OF CLAIMS AND DEFENSES. The parties shall set forth a brief description of the nature of the case and a summary identification of the claims and defenses remaining for trial. Any claims or defenses set forth in the pleadings which will not be at issue at trial shall be designated as "withdrawn" or "resolved."
II. STIPULATED FACTS. The parties shall set forth a plain, concise statement of all facts which the trier of fact shall accept as undisputed. If the matter is scheduled for a jury trial, a proposed jury instruction containing these undisputed facts shall be submitted as provided in section (g) of this Rule.
III. PRETRIAL MOTIONS. The parties shall list any pending motions.
IV. TRIAL BRIEFS. The parties shall indicate whether trial briefs will be filed, including a schedule for their filing. Trial briefs shall be filed no later than 10 days before the trial date.
V. ITEMIZATION OF DAMAGES OR OTHER RELIEF SOUGHT. Each claiming party shall set forth a detailed description of the categories of damages or other relief sought and a computation of any economic damages claimed.
VI. IDENTIFICATION OF WITNESSES AND EXHIBITS—JUROR NOTEBOOKS. Each party shall provide the following information:
(A) Witnesses. Each party shall attach to the proposed trial management order separate lists containing the name, address, telephone number and the anticipated length of each witness’ testimony, including cross examination, (i) of any person whom the party "will call" and (ii) of any person whom the party "may call" as a witness at trial. When a party lists a witness as a "will call" witness, the party does not have to call the witness to testify, but must ensure that the witness will be available to testify at trial if called by any party without the necessity for any other party to subpoena the witness for the trial. For each expert witness, the list shall also indicate whether the opposing party accepts or challenges the qualifications of a witness to testify as an expert as to the opinions expressed. If there is a challenge, the list shall be accompanied by a resume setting forth the basis for the expertise of the challenged witness. Where appropriate, the court may order the parties to provide written notice to the other parties and to the court of the order in which the parties expect to present their witnesses.
(B) Exhibits. Each party shall attach to the proposed trial management order a list of exhibits including physical evidence which the party intends to introduce at trial. Unless stipulated by the parties, each list shall assign a number (for plaintiff or petitioner) or letter (for defendant or respondent) designation for each exhibit. Proposed excerpted or highlighted exhibits shall be attached. If any party objects to the authenticity of any exhibit as offered, such objection shall be noted on the list, together with the ground therefor. If any party stipulates to the admissibility of any exhibit, such stipulation shall be noted on the list. On or before the trial date, a set of the documentary exhibits shall be provided to the court.
(C) Juror Notebooks. Counsel for each party shall confer about items to be included in juror notebooks as set forth in C.R.C.P. 47(t) and at the Trial Management conference or other date set by the Court make a joint submission to the Court of items to be included in the juror notebook. By agreement of the parties or in the discretion of the Court, important exhibits may be highlighted or excerpted and may be included in juror notebooks.
(D) Deposition and Other Preserved Testimony. If the preserved testimony of any witness is to be presented the proponent of the testimony shall provide the other parties with its designations of such testimony at least 25 days before the trial date. Any other party may provide all other parties with its designations and shall do so at least 10 days before the trial date. The proponent may provide reply designations and shall do so at least 5 days before the trial date. A copy of the preserved testimony to be presented at trial shall be submitted to the court and include the proponent’s and opponent’s anticipated designations of the pertinent portions of such testimony or a statement why designation is not feasible at least three days before the trial date. If any party wishes to object to the admissibility of the testimony or to any tendered question or answer therein, it shall be noted, setting forth the grounds therefor.
VII. TRIAL EFFICIENCIES AND OTHER MATTERS. If the anticipated length of the trial has changed, the parties shall so indicate. The parties shall also include any other matters which are appropriate under the circumstances of the case or directed by the court to be included in the proposed Trial Management Order. The parties shall confirm that they have considered ways in which the use of technology can simplify the case and make it more understandable.
(4) Approval of Trial Management Order. If a Notice to Set Trial Management Conference is filed or the Court determines that such a conference should be held, the Court shall set a trial management conference. The conference may be conducted by telephone. The court shall promptly enter the Trial Management Order.
(5) Effect of Trial Management Order. The Trial Management Order shall control the subsequent course of the trial. Modification to or divergence from the Trial Management Order, whether prior to or during trial, shall be permitted upon a demonstration that the modification or divergence could not with reasonable diligence have been anticipated. In the event of any ambiguity in the Trial Management Order, the Court shall interpret the Order in the manner which best advances the interests of justice.
(g) Jury Instructions and Verdict Forms. Counsel for the parties shall confer to develop jointly proposed jury instructions and verdict forms to which the parties agree. No later than 3 days prior to the date scheduled for commencement of the trial or such other time as the court shall direct, a set of the proposed jury instructions and verdict forms shall be filed with the courtroom clerk. The first party represented by counsel to demand a jury trial pursuant to C.R.C.P. 38 and who has not withdrawn such demand shall be responsible for filing the proposed jury instructions and verdict forms. If any jury instruction or verdict form is disputed, the party propounding the instruction or verdict form shall separately file with the courtroom clerk a set of the disputed jury instructions and verdict forms. Each instruction or verdict form shall have attached a brief statement of the legal authority on which the proposed instruction or verdict form is based. Compliance with this Rule shall not deprive parties of the right to tender additional instructions or verdict forms or withdraw proposed instructions or verdict forms at trial. All jury instructions and verdict forms submitted by the parties shall be in final form and reasonably complete. The court shall permit the use of photocopied instructions and verdict forms, without citations, in its submission to the jury.
Amended and Adopted by the Court, En Banc, February 13, 2002, effective July 1, 2002.
By the Court:
Nancy E. Rice
Justice, Colorado Supreme Court
In the U.S. District Court For the District of Colorado
General Order 2002-1
In the Matter of Local Rules of Practice
Pursuant to 28 U.S.C. § 2701, Fed.R..Civ.P. 83, and Fed.R. Crim.P. 57, it is
ORDERED that the [*] Local Rules of Practice of the United States District Court for the District of Colorado—Civil and Local Rules of Practice of the United States District Court for the District of Colorado—Criminal are adopted to become effective on April 15, 2002, and will, so far as practicable, govern all civil criminal proceedings in this court.
[*A copy of the Local Rules, effective April 15, 2002, as well as the Orders, are posted on the Court website: www.co.us. courts.gov.]
Dated January 16, 2002, at Denver, Colorado.
General Order 2002-2
In the Matter of Local Rules of Practice
Order Concerning Orders Superseded by
Local Rules of Practice Effective April 15, 2002
This Court having approved the amendments to the Local Rules of Practice for the District of Colorado, effective April 15, 2002, it is
ORDERED that the following Orders are superseded by the Local Rules of Practice for the District of Colorado, effective April 15, 2002:
- Procedural Order (March 16, 1997): In the Matter of Habeas Corpus Proceedings Initiated Pursuant to 28 U.S.C. § 1915
- Procedural Order (May 22, 1996): In the Matter of Prisoner Litigation Initiated Pursuant to 28 U.S.C. § 1915
- General Order 1993-5: In the Matter of Related Criminal Cases
- General Order 1991-4: In the Matter of Federal Debt Collections Procedures Act of 1990
- General Order 1989-1: In the Matter of Assignment of Criminal Cases
- General Order 1989-2: In the Matter of Assignment of Magistrates
- General Order 1989-3: In the Matter of Bankruptcy Appeals
- General Order 1989-9: In the Matter of Reassignment of Cases to Magistrates
- General Order 1985-1: In the Matter of Physical Evidence
- Special Order 1984-A: In the Matter of Referral of Bankruptcy Cases
- General Order 1984-1: In the Matter of Referral of Bankruptcy Cases
- General Order 1984-3: In the Matter of Referral of Bankruptcy Cases
- General Procedure Order 1983-2: In the Matter of A Uniform Pretrial Order and Pretrial Procedures
Dated January 16, 2002, at Denver, Colorado.
General Order 2002-3
In the Matter of Local Rules of Practice
The Court finding it necessary for the orderly administration of justice that procedures concerning the procedures for guideline sentencing under the Sentencing Reform Act of 1984 be established, hereby
ORDERS as follows:
A. Within five days after a conviction is obtained by jury verdict or court finding, the attorney for the government shall submit to the Probation Office, and serve upon the defendant and defendant’s counsel, a sentencing statement setting forth sentencing factors to be considered at sentencing.
B. Within 14 days after the sentencing statement is submitted by the government, the defendant may submit to the Probation Office, and serve upon counsel for the attorney for the government, a sentencing statement setting forth factors to be considered at sentencing.
C. If a defendant requires an interpreter for a sentencing hearing, defense counsel shall contact the deputy clerk designated as courtroom services specialist two weeks before the hearing to obtain the assistance of a designated interpreter in translating the presentence investigation report.
IT IS FURTHER ORDERED that this Order supersedes General Order 1994-3.
Dated January 16, 2002, at Denver, Colorado.
By the Court:
Lewis T. Babcock, Chief Judge
Wiley Y. Daniel, Judge
Richard P. Matsch, Judge
Walker D. Miller, Judge
Edward W. Nottingham, Judge
Colorado Judicial Department
Chief Justice of the Supreme Court Directives
Notice of Availability
A full set of the Chief Justice Directives may be purchased from the Colorado Judicial Department for $15, which includes copying, handling, and postage costs. Checks should be made payable to Colorado Judicial Department and should be mailed to: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203. Individual Chief Justice Directives will be assessed a $5 charge, pursuant to Chief Justice Directive 96-01, concerning standard research fees. Chief Justice Directives also are available from the Colorado Supreme Court homepage at: www.courts. state.co.us/supct/cjdirect/cjdirectives.htm.
Publication in The Colorado Lawyer
Chief Justice Directives will be published on a space available basis in this "Court Business" section of The Colorado Lawyer. Some attachments may be omitted. To obtain a copy of attachments, contact the Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203.
Supreme Court of Colorado
Chief Justice Directive 02-01
Supreme Court of Colorado
Office of the Chief Justice
Temporary Policy for State Employees Called to Active Duty
As Part of Operation Enduring Freedom
Supreme Court of Colorado
Intent: The following policy is to temporarily extend administrative leave and annual leave-sharing programs to employees called to active duty as a result of the September 11, 2001, terrorist attacks.
Effective: The revised policy is retroactive to the date an employee was called to active duty for the campaign. The intent is to allow temporary relief for those called to serve in Operation Enduring Freedom while they get their financial affairs in order.
Applicability: This policy applies to employees who have been called to active military service for Operation Enduring Freedom. It does not apply to regular obligations, e.g., other emergencies, training, or annual encampment.
Policy: As a result of the September 11, 2001, terrorist attacks against our nation, some Colorado Judicial Department employees have been or may be called to active military service. The Colorado Judicial System Personnel Rules provide administrative authorities the discretion to grant administrative leave to state employees for reasons determined to be for the good of the state. This directive shall allow administrative authorities the discretion to grant administrative leave to state employees called to active military service in connection with September 11th. The purpose of this administrative leave is to make the salaries of these employees "whole" for a period of 90 calendar days after their military paid leave is exhausted to help relieve some of this hardship.
Granted administrative leave is to make up the difference between the employee’s military gross pay and the current state gross salary, excluding any pay differentials, for a period not to exceed 90 calendar days. The employee must furnish proof of military gross pay in order to receive this administrative leave.
This administrative leave begins upon exhaustion of the balance of the 15 days of paid military leave for which an employee is eligible, and is retroactive to the date when the employee received orders following the September 11th attacks. After exhaustion of this administrative leave, the employee can still elect to use accrued annual leave and compensatory time.
Additional Guidance on the Temporary
Expansion of Leave Sharing
As an additional measure of relief, I hereby authorize and encourage administrative authorities to allow for the donation of annual leave for employees on active military service. This additional leave may only be used after exhaustion of military leave, administrative leave, and any annual leave and compensatory time.
Districts are authorized to expand leave-sharing programs to include employees on active military duty. Leave sharing is not an entitlement. No appeals or grievances are permitted.
Unlike leave sharing for catastrophic illness, donated leave for the purposes of military service cannot be transferred between agencies or institutions of higher education and is on a "make whole" basis following the exhaustion of military, administrative, and any annual leave and compensatory time. The agency may also want to consider other adjustments such as tracking the donated leave for military service separately from the regular donated leave, establishing the maximum amount of leave that will be granted for military service.
Questions and Answers on the Temporary Revised Policy
Q1. Can an employee have more than one period of military leave?
A1. Because the 15 days of military leave is granted on a calendar year basis, it is possible to have more than one block of military leave depending on the length of service. For example, assume the employee was called to active duty on September 12 for one year and has five days of military leave remaining for 2001. On January 1, 2002, the employee would again be placed on military leave for 15 working days.
Q2. How does the administrative leave work in conjunction with military leave, especially if it falls into a new calendar year?
A2. The employee only receives one period of administrative leave for up to 90 calendar days following the initial call up for Operation Enduring Freedom. Here is a sample timeline for an employee called to active duty for one year on September 12. Assume no military training leave was used in 2001 prior to September 12.
- call up
|15 working days
||30 calendar days
||15 working days
||60 calendar days
Q3. Does the administrative leave apply to those who are fulfilling their normal obligation, e.g., annual encampment or call up for other emergencies?
A3. No. Only those called to active duty as part of Operation Enduring Freedom are eligible for the administrative leave. Because this service is beyond the regular expected obligations, the temporary leave is being provided to help state employees and their families adjust their financial affairs.
Q4. What is the purpose of temporary leave sharing for military active duty?
A4. Some employees called to active duty for Operation Enduring Freedom may experience economic hardship while adjusting financially to their initial call-up. Temporary leave sharing for military active duty gives employees the opportunity to voluntarily donate accrued annual leave and help provide a "make whole" situation for co-workers whose gross military pay is less than the employee’s current gross base pay.
Q5. What are the significant features of a military leave-sharing program?
A5. This is a "make whole" program to assist employees called to active duty whose military pay is less than the their current gross base pay, excluding any pay premiums or differentials. Additional features include the following.
• This program is NOT an entitlement — whether it is offered is discretionary with the administrative authority. The approval of individual applications is also the sole discretion of the administrative authority and declined applications are not a determination that the personal situation is not an emergency or hardship. No appeals or grievances are permitted. Lack of donated annual leave by employees may suspend or restrict the program.
• Employees applying must be permanent and have at least one year of state service credit.
• Applicants must have exhausted all applicable paid leave, i.e., military training, annual, administrative, and unused compensatory time.
• Each application will be evaluated on a case-by-case basis.
• If an employee is unable to make an application, an adult family member or other responsible party may make the application on his/her behalf.
Q6. What are the tax consequences of leave sharing?
A6. The recipient would be taxed on these amounts as normal earnings; the same way it is handled under all other paid leave arrangements.
Done January 8, 2002.
By the Court:
Mary J. Mullarkey
Chief Judge, Colorado Supreme Court
Colorado Division of Administrative Hearings
Chief Judge’s Directives
The Colorado Division of Administrative Hearings ("Division") is Colorado’s central panel of administrative law judges ("ALJs"). The Division provides administrative adjudication services to more than twenty-five different state agencies. The Division’s ALJs hear and decide cases involving workers’ compensation, professional and occupational licenses, public benefits and Medicaid, state government personnel disputes, education of disabled students, dismissal of tenured teachers, campaign finance laws, highway signs and highway access, lottery, bingo, raffles, and many other subject matters.
Chief Judge’s Directives ("CJDs") will be published on a space-available basis. See, e.g., 30 The Colorado Lawyer 53 (Aug. 2001). The Division’s CJDs also can be found online at: http://www.state.co.us/gov_dir/gss/DOAH/cjdindex.htm.
Chief Judge’s Directive
No. 14: Public Inspection and Copying of Case Files
(a) Whether case files at the Division of Administrative Hearings are open to public inspection will vary. Public inspection and copying of any Division of Administrative Hearings case file will not be allowed when inspection is prohibited by statute, regulation, an order of a court of record or the order of an administrative law judge.
(b) Judges’ notes are subject to the deliberative process privilege and are not open to public inspection or copying.
(c) It is beyond the scope of this Chief Judge’s Directive to list public inspection provisions for all of the cases at the Division of Administrative Hearings. However, the following general principles apply to the types of cases most frequently encountered at the Division.
i. Generally, files of cases heard for the Department of Regulatory Agencies, the Department of Public Health and Environment, the State Personnel Board and the Secretary of State are open for public inspection and copying. However, in any particular case inspection may be prohibited by a specific statute or regulation, an order of a court of record or the order of an administrative law judge. In addition, pleadings or exhibits containing the names of patients of health care providers and institutions are confidential and are not open to public inspection or copying.
ii. Pursuant to statute and department regulations, files of cases heard for the Department of Human Services and the Department of Health Care Policy and Financing are not open to public inspection or copying.
iii. Pursuant to statute, workers’ compensation files are not open to public inspection or copying.
iv. Generally, files of cases heard for the Department of Education are open to public inspection and copying. However, in any particular case inspection may be prohibited by a specific statute or regulation, an order of a court of record or the order of an administrative law judge. Pursuant to federal regulation, files of cases under the Individuals with Disabilities Education Act are not open to public inspection or copying.
(d) When a case file is not open to public inspection a party, an attorney for a party or the attorney’s employee may inspect and copy their own case file upon presenting the Division Clerk’s office with adequate proof of authority and identification.
(e) When a case file is not open to public inspection a non-attorney representative of a party may inspect and copy the case file of the party he or she represents only upon written authorization by the party, presentation of adequate identification, and approval of the Director of the Division of Administrative Hearings or the Director’s designee.
(f) The Clerk’s Office of the Division of Administrative Hearings will copy documents for a charge of 15 cents per page.
POSTED: January 31, 2002.
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