California OAH special education order · April 30, 2019
Order Granting Request for Telephonic Testimony of Dr. Diann Tackett
OAH Case No. 2019041065 · ALJ Penelope S. Pahl
OAH granted Student's unopposed request to let Dr. Diann Tackett testify by telephone because she lives in Colorado, subject to conditions to be set at the prehearing conference.
Summary
Student asked OAH to allow Dr. Diann Tackett to testify by telephone because she lives in Colorado, and Etiwanda did not oppose. The ALJ found good cause and granted the motion. The ALJ noted that the party calling the witness usually must give the witness complete exhibit binders from all parties, instruct the witness on protecting Student's privacy, and make sure the audio setup works for everyone. The telephone testimony remains subject to whatever requirements the ALJ sets at the prehearing conference.
Why it matters
Parents who need an out-of-state expert can ask in advance for telephone testimony. They should be ready to send the witness every party's exhibits and arrange working audio equipment.
Key authority cited
- Cal. Code Regs., tit. 5, § 3082, subd. (g)
People named in the order
- Dr. Diann Tackett, Student's proposed witness (Colorado resident)
Topics
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:
OAH Case No. 2019041065
PARENT ON BEHALF OF STUDENT,
ORDER GRANTING REQUEST FOR
v. TELEPHONIC TESTIMONY OF DR.
DIANN TACKETT
ETIWANDA SCHOOL DISTRICT.
On April 24, 2019, Parent on behalf of Student (Student) filed a request for due process hearing (complaint) naming Etiwanda School District as respondent. On April 25, 2019, Student filed a motion to allow the telephonic testimony of Dr. Diann Tackett on the grounds that Dr. Tackett resides in Colorado. No opposition to the motion was received from Etiwanda.
Whether a witness may appear by telephone is a matter within the discretion of the ALJ. (Cal. Code Regs., tit. 5, § 3082, subd. (g).) Any party seeking to present a witness by telephone shall move in advance for leave to do so, unless the opposing party has stipulated that the witness may appear by telephone. Generally, the proponent of the witness must provide the proposed witness with a complete set of exhibit binders from all parties, containing all of each party’s exhibits, prior to the hearing, and instructs the witness as to the rules regarding maintenance of Student’s privacy with regard to the documents provided.
The proponent of the testimony usually also ensures that the room from which the witness is testifying has sound equipment that allows all hearing participants to hear the witness, and that the witness is able to hear objections and rulings. The party hosting the hearing is normally asked to provide telephone equipment with speakerphone capability. However, depending on the circumstances other pre-requisites can be imposed depending on the circumstances of the hearing.
Good cause being found for telephonic testimony and no opposition having been received, the motion is GRANTED. However, presentation of the telephone testimony will be conditioned on whatever requirements are established by the administrative law judge at the prehearing conference.
DATE: April 30, 2019
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings