California OAH special education order · May 20, 2014

Supplemental Order Following Pre-Hearing Conference Authorizing Additional Witnesses

OAH Case No. 2014010444 · ALJ Eileen Cohn

OAH allowed both sides to call the additional witnesses on their amended witness lists, but barred any extension of the hearing beyond the time the parties committed to at the prehearing conference.

Granted with conditions Evidence and witnesses

Summary

After the May 12, 2014 prehearing conference, the parties were ordered to meet and confer on witness scheduling. Student filed an amended witness list. District filed an amended witness list with a motion and declaration supporting the post-conference exchange. The ALJ allowed both sides to call the added witnesses, provided the hearing is not lengthened beyond the agreed time, and ordered the parties to exchange expert resumes by noon on May 23, 2014 and include them in their exhibit books.

Why it matters

OAH may let parties add witnesses after the prehearing conference, but the hearing will not grow to fit them. Including expert resumes in exhibit books saves hearing time that would otherwise go to proving qualifications.

Topics

witness list additional witnesses expert resumes prehearing conference hearing time limits

Full text of the order

Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

In the Matter of:

PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2014010444

v. SUPPLMENTAL ORDER

FOLLOWING PRE-HEARING

TORRANCE UNIFIED SCHOOL CONFERENCE AUTHORIZING

DISTRICT. ADDITIONAL WITNESSES

The prehearing conference in this matter was held on May 12, 2014, at which time the parties were ordered to meet and confer on the schedule of witnesses no later than May 16,

2014. On May 16, 2014, Student filed an amended witness list. On May 19, 2014, District

filed an amended witness list, accompanied by a motion and a declaration to support the exchange of witnesses after the prehearing conference..

The parties may call the additional witnesses identified in their amended witness lists, but in no event shall the length of the hearing be extended beyond the time the parties committed to completing witness testimony at the May12, 2014, prehearing conference. The parties shall exchange expert witnesses resumes no later than noon, May 23, 2014, and shall include expert witness resumes in their exhibit books to avoid the unnecessary consumption of witness testimony time establishing expert qualifications.

As set forth in the prehearing conference order of May 15, 2014, the parties shall provide the ALJ at the start of the hearing with a witness list, including a schedule of witnesses, and the anticipated time for each witness.

This supplemental prehearing conference order is in addition to the prehearing conference order of May 15, 2014, which remains in full force and effect.

Failure to comply with this supplemental prehearing conference order may result in the exclusion of evidence or other sanctions.