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Rule 19. Motions to Set and Pretrial Stipulations

Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation

Oklahoma Statutes Annotated
Title 85. Workers' Compensation (Refs & Annos)
Chapter 4.--Appendix. Rules of the Workers' Compensation Court of Existing Claims
T. 85, Ch. 4, App., Rule 19
Rule 19. Motions to Set and Pretrial Stipulations
A. Any party may request a trial on any issue by filing a Form 9. When a Form 9 is filed on the issues of permanent partial impairment or permanent total disability, the claimant shall deliver a verified or declared medical report to the opposing attorney(s). The name of the physician and the date of the report shall be noted on the Form 9. No Form 9 may be filed less than ten (10) days from the date the claimant has filed a Form 3, 3A or 3B with the Court.
B. Except for objections to termination of temporary compensation made pursuant to 85 O.S., Section 332(B) or 85 O.S., Section 332(G), which shall be set by the Court on the assigned trial judge's prehearing conference docket, all cases involving a request for temporary compensation or medical treatment shall be set by the Court on a temporary issue scheduling docket prior to the case being docketed for trial, unless otherwise directed by the assigned trial judge. At the time of the temporary issue scheduling docket, all parties, to the best of their ability, shall advise the Court and all parties of the number of witnesses expected to be called at the time of trial.
C. The procedure to request a trial for the termination of temporary compensation is governed by Rule 15.
D. In all cases, the respondent shall file a Form 10 or Form 10M no later than thirty (30) days after the filing of the Form 9. The Form 10 or Form 10M may be amended at any time, not later than twenty (20) days prior to the date of trial.
E. No later than twenty (20) days prior to the date of trial, all parties shall exchange medical reports, all documentary evidence, exhibits and a complete list of witnesses with all opposing parties. Absent waiver by the opposing party, failure without good cause to comply with this subsection shall result in:
1. Exclusion of the evidence if submitted at trial; or
2. A continuance of the proceedings and assessment of costs against the offending party, including all reasonable charges incurred by the opposing party for deposing the witness or cross-examining the witness regarding the untimely offered medical report, documentary evidence, or exhibit.
F. Both the Form 9, and the Form 10 or Form 10M, shall list the names of all witnesses, including any expert witnesses, which the party intends to call at the time of trial. Any witness not listed shall not be allowed to testify. Failure to comply with this subsection shall result in the exclusion of the evidence, if submitted, at the trial.
G. The provisions of this rule may be excused by the Court for good cause shown.

Credits

Adopted July 12, 1990, effective November 1, 1990. Amended effective September 13, 1990. Amended June 22, 1995, effective July 1, 1995; September 29, 1997, effective November 1, 1997; May 29, 2001, effective July 1, 2001; January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Amended effective January 30, 2006; March 6, 2012.
Workers' Compensation Rule 19, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 19
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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