Standing Pretrial Order

The parties shall serve on all parties and file with OAH a Pretrial Statement by the date of the pretrial conference. In cases not expedited and not scheduled for a pretrial, the pretrial statement must be served and filed 30 days before the hearing. Pretrial statements are not required in expedited cases unless so ordered by a judge. The party shall answer all of the questions listed in this Order

PRETRIAL QUESTIONS

  1. Are you requesting an outstate hearing? All cases will be set in St. Paul unless a request for an outstate location is made. To request a location other than St. Paul, you must supply all of the following information:

    1. Requested location.

    2. Location of injury (county or city and state).

    3. The reason for requested outstate location.

  2. Was the case heard previously? If so, name the judge who heard it.

  3. How much time will YOU require to put in YOUR evidence? Please note that Laws 1992, Chap. 510, Article 2, Section 15, provides:

    The Chief Administrative Law Judge shall reduce the formality and length of hearings in Workers' Compensation cases at the Office of Administrative Hearings, with a goal of completing 50 percent of the hearings in less than two hours, 75 percent in less than four hours, and nearly all of the hearings in less than one day.

  4. If this is an appropriate case to be heard in an outstate location and scheduling a video hearing would facilitate an earlier setting on the calendar, would you be agreeable to this? If a video hearing would not be appropriate, please explain why this would not be a suitable alternative in this particular case. If a video hearing is scheduled in this case, where would you request the video hearing be conducted?

  5. Do you desire a pretrial or settlement conference? If so, state which. (Most of the pretrials and settlement conferences are scheduled in person in St. Paul. Only if one or more attorneys are from outside the greater metropolitan area will a telephone or video pretrial or settlement conference be set.)

  6. A. State issues to be determined at the time of trial.

    B. Has all discovery been completed and is this case now ready to proceed to hearing? (Please note that cases stricken or continued may not be rescheduled for a lengthy period of time, depending upon the judge’s calendar.)

    C. If this case is not ready to proceed to hearing, what needs to be completed? Please specify what needs to be completed and give a calendar date when you expect to complete discovery.

    D. Are you aware of any circumstances regarding parties or witnesses that make it advisable to have a bailiff present at the hearing and/or pretrial conference?

  7. A. List the names and addresses of all live lay and expert witnesses you intend to call at the hearing. Copies of all expert witness reports not previously furnished other parties are to be attached to the pretrial statement when served and filed. (Be specific. Statements such as "one lay witness or employment expert" are of no benefit to the Court or opposing counsel and will be disregarded.)

    B. Do any witnesses have a significant speech impediment or need an interpreter (including hearing impaired)?

    C. If an interpreter is needed, which language (including dialect or type) is needed?

  8. Do you intend to introduce hospital or medical records at the hearing? If so, list all of them. (Please identify all records and reports since discovery should be completed with the submission of the Pretrial Statement.)

  9. State what other exhibits, including but not limited to photographs, motion picture films, video tapes, and documentary evidence, you intend to use and introduce at the hearing. Rule 1415.1900, subp. 5.E, requires that copies shall be made available to opposing counsel. (Please identify all records and reports since discovery should be completed with the submission of the Pretrial Statement.)

  10. State which witnesses will likely be deposed.

  11. This section relates only to employees.

    1. List the nature and extent of all claims for temporary total disability benefits, stating all dates claimed with particularity.

    2. If claiming temporary partial disability benefits, state with particularity the dates and amount of the claim together with the names and addresses of all employers for whom the employee worked during the period of the claim. A copy of all paystubs or authorizations to permit opposing counsel to determine wages earned in those employments must be furnished when serving the pretrial statement, if not previously provided.

    3. If claiming permanent partial disability, state the claim with particularity, providing copies of all medical reports that have not previously been filed and served on other parties. Identify medical report or record(s) supporting a claim for permanent partial disability, and state applicable rule in the disability schedules in support of the claim.

    4. If there is a wage dispute, what is the claimed weekly wage for each injury claimed?

    5. If any third parties, other than the workers' compensation carrier, have made payment of medical, disability, or funeral expenses that may be related to the work injury, state date you served them with notice of their right to intervene pursuant to statute and rules (prior to the filing of the Pretrial Statement).

    6. List names and addresses of all health care and rehabilitation providers for expenses claimed or any other potential intervenor. State date you served them with notice of the right to intervene pursuant to statute and rules (prior to the filing of the Pretrial Statement).

    7. If not previously filed, attach a copy of your retainer agreement.

  12. This section relates only to employers and insurers.

    1. If the employee is claiming temporary partial disability benefits, have you been provided with a complete set of paystubs or an authorization allowing you to determine wages alleged to have been earned by the employee?

    2. Is the wage rate disputed? If you are objecting to the wage claimed by the employee, copies of the relevant wage records of the employee shall be furnished to the attorney for the employee at the time of the service of the pretrial statement.

    3. If objecting to the reasonableness and/or necessity of any health care or rehabilitation expenses, state:

      1. Name and address of the health care or rehabilitation provider.

      2. Specific expenses that you object to and the nature of the objection.

  13. This section relates only to intervenors.

    1. If you have obtained a stipulation from any of the parties and the stipulation has not previously been filed, attach the original to the Pretrial Statement when filed.

    2. If you have not obtained a stipulation from all parties that admits the existence and amount of your claim and that payment is due if the employee’s claim is established, attach copies of proof of all payments, copies of bills paid, or copies of supporting medical, rehabilitation, or other relevant information as may be appropriate.

If you will need a reasonable accommodation, please call (651) 361-7900 as soon as possible; TTD: (651) 361-7878.