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JUDGE JOSHUA R. PATRICK 

UNITED STATES OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

United States Customs House 721 Nineteenth 

Street, Suite 407 

Denver, CO 80202-2517 

Telephone: (303) 844-3409 

FAX: (303) 844-3759 

PRACTICE STANDARDS FOR CONVENTIONAL PROCEEDINGS 

I. GENERAL PROCEDURES 

A. Applicable Rules 

All parties appearing before the Court in a conventional case must comply with: 

1. Federal Rules of Civil Procedure; 

2. Federal Rules of Evidence; 

3. OSHRC Rules of Procedure; and 

4. These Practice Standards. 

B. Communications with Chambers 

1. My legal assistants are Sarah Taylor (303-844-2282) and Elaine Nicholas (303-844-0418). 

2. Parties may call or email the Court concerning administrative, scheduling, and other nonsubstantive routine matters. For information about the status of a motion or document, 

courtroom technology, trial preparation, or submission of trial exhibits, please contact my legal 

assistant. 

3. All other communications with the Court should be made by the filing of pleadings, motions, 

applications, briefs or legal memoranda. 

4. Under no circumstances may any party or counsel communicate ex parte with the Court’s office 

staff, who has no authority to render legal advice, grant continuances, or any other relief. 

C. Filing of Documents – eFiling 

OSHRC has implemented a nationwide electronic filing system (E-Filing system) pursuant to 

Commission Rule 8(c), 29 C.F.R. §2200.8(c). Represented parties and intervenors must file 

all documents, except for confidential and privileged documents, electronically in the 

Commission’s E-File system. Self-represented parties and intervenors may choose to file 

electronically. Electronically filed documents must be simultaneously emailed to the other 

parties and intervenors to ensure that service of the document is accomplished on the same 

date the document is e-filed with the Commission. See Commission Rule 7(c)(1), 8(c)(9), 29 

C.F.R. § 2200.7(c)(1) (Service, Notice and Posting - How Accomplished) and Rule 8(c), 29 
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C.F.R. § 2200.8(c) (Filing). 

In order to use the new system, e- filers must first register within the system. Parties can register 

using this link. Instructions for the E-Filing system are also posted on the OSHRC website, 

which are provided here. Once registered, e-filers must enter an appearance in each specific 

case with which they are involved. Upon the Court’s receipt of a party’s Notice of Appearance, 

the party will then be able to file and receive pleadings electronically in each of those cases. 

Parties may also designate additional individuals, such as a docket clerk, who are authorized to 

receive notice of case fillings and activity. The primary party must file a separate pleading 

entitled “Designation of Authorized Individuals for E-Filing system Notification” in which the 

authorized individuals are clearly identified by name, address, phone, and email address. All 

persons designated to receive notice of case filings and activity must be a registered user within 

the EFS. All parties have a continuing obligation to update service and registration information 

pursuant to Commission Rule 6. 

The requirements and restrictions for electronically filed documents, audio files, and video files 

can be found here. 

D. Subpoenas 

Subpoenas Parties shall comply with Commission Rule 65 when seeking the issuance of and when 

serving a Subpoena. Requests for the issuance of a Subpoena may be made ex parte. A party seeking 

the issuance of a Subpoena shall: (i) identify the name and address of the person/entity subject to the 

Subpoena; (ii) the type of Subpoena being requested; and (iii) provide a brief explanation of the 

testimony the person/entity will provide. Once issued by the Court, a Subpoena may be served on 

and enforced against any individual or entity in the United States and any Territory or possession of 

the United States. See Commission Rule 65(b). See also 84 FR 14554 (April 10, 2019). 

II. MOTIONS 

A. Rule Governing Motions 

All motions, objections and responses shall conform to the requirements of Commission Rule 

40, including the requirement to confer. The Court will not consider email or letters from 

counsel as proper motion practice, nor will it consider email sufficient for the purposes of the 

conferral requirement. 

B. Responses and Replies 

Consult Commission Rule 40(h) for applicable time limits for filing responsive pleadings. 

Commission Rule 4 controls the computation of time. 

Parties are not permitted to file reply, surreply, or supplemental briefs without leave of the Court 

and for good cause shown. Replies, surreplies, or supplemental briefs without permission of the 

Court will be rejected. 

C. Untimely or Noncomplying Motions, Objections, Responses, or Replies 

Motions or replies that are untimely, noncomplying, or filed without a certification pursuant to 

Commission Rules 8(c)(9) and 40(b) may be denied with prejudice, stricken sua sponte, or 

rejected. 
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D. Motions in limine

The Court discourages motions in limine when they request advanced evidentiary rulings on 

particular pieces of evidence without the context provided by the testimony provided at trial 

and other evidence. Instead of a motion in limine, the Court prefers the parties to briefly 

summarize the disputed evidentiary issue(s) in a pretrial brief. Nevertheless, if a party chooses 

to file a motion in limine, it must be submitted fifteen days before trial unless the Scheduling 

Order establishes a different timeframe. 

E. Dispositive Motions 

Procedures for motions seeking relief pursuant to Fed.R.Civ.P. 12 or 56 are governed by the 

Scheduling Order and deadlines will be strictly adhered. 

F. Motions to Exclude Expert Testimony 

The motion to exclude expert testimony shall identify with specificity each opinion the moving 

party seeks to exclude the proposed testimony. The motion shall also identify the specific 

ground(s) on which each opinion is challenged, e.g., relevancy, sufficiency of facts and data, 

methodology. See Fed. R. Evid. 702. The deadline for filing all such motions is established in 

the Scheduling Order. Based on the motion and response, the Court may, in its discretion, order 

a hearing to determine whether the challenged opinions are admissible. 

G. Discovery Motions 

Discovery deadlines and limitations will be established in the Scheduling Order. The 

presumptive discovery period is six months for conventional cases. 

For all discovery disputes, the parties must meet and confer to attempt to resolve the dispute. 

This conferral must take place in person, by video conference, or by telephone. 

If the parties cannot reach a resolution, they must contact the Court to request a discovery 

dispute telephone conference. Two days prior to the conference call, the parties shall submit a 

joint statement of no more than five pages, which: (1) certifies the parties have conferred; (2) 

identifies the discovery request(s) in dispute; (3) sets forth the parties’ respective positions, 

including relevant caselaw; and (5) sets forth each parties’ proposed compromise with respect 

to the issue(s). 

The Court will reject any unsolicited discovery motions filed prior to compliance with the 

foregoing process. 

H. Motions to Continue Conference, Hearing or Trial 

Motions to continue (including motions to vacate or reset) conferences, hearings, and trials, 

will be determined pursuant to Commission Rule 62, require good cause and shall be filed 

within the timeframes set forth in the Scheduling Order. Uncontested or joint motions for 

continuance are not effective until approved by the Court. When requesting a continuance to 

reschedule a conference, hearing or trial, the parties shall provide: (i) three alternative dates 

for the Court to consider; (ii) the specific grounds for the request; (iii) certification that the 

parties have conferred; and (iv) a statement as to whether the request is opposed or 

unopposed. 
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I. Motions for Extensions of Time to File or Respond 

Motions for extension of time require a showing of good cause, which must be established 

with particularity. When requesting an extension of time, parties shall provide the Court with: 

(i) a proposed alternative date; (ii) the specific grounds for the request; (iii) the date on which 

the parties conferred regarding the request; and (iv) a statement as to whether the request is 

opposed or unopposed. 

J. Notice of Settlement 

If a full settlement is reached before trial, please advise my legal assistant, Kate Sydney, 

within three business days prior to the trial. The Court will not extend deadlines, nor will 

it cancel upcoming hearings or trials, until (1) it receives the filing of a written notice stating 

all matters subject to the trial have been resolved by the parties and (2) it issues an order 

cancelling any deadlines and/or hearing or trial dates. The settlement notice must be signed 

by at least one party representative and served on all parties. The specific terms of settlement 

do not need to be included with the initial notice. The Court will order the parties to file a 

Joint Notice of Full Settlement at a later date. Telephonic notification or email notification of 

settlement are not sufficient to cancel a scheduled trial or hearing date. See Commission Rule 

100. See also “Sample Documents” tab on the Commission website. 

Settlement discussions are encouraged; however, hearings, trials, and pretrial deadlines will 

not be continued or vacated to facilitate settlement negotiations or alternative dispute 

resolution. Parties shall comply with the OSHRC Denver Office Standards on Settlement 

which is found on the Commission website under the heading “Administrative Law Judge 

Practices.” 

Partial Case Settlement/Dismissal – The parties shall promptly notify the Court by written 

notice if a partial settlement is reached. The Court will then provide the parties sufficient time 

to submit a Joint Notification of Partial Settlement. See Commission Rule 100. See also 

“Sample Documents” tab on the Commission website at www.oshrc.gov. 

III. TRIAL 

A. Pretrial Conference 

The Court will conduct a final pretrial conference approximately twenty (20) days prior to the 

trial to address trial management issues. Issues such as the time, place, and length of the trial 

will have been determined by the Scheduling Order and Notice of Trial. 

Counsel/Representatives who will try the case must attend. 

B. Courtroom Protocol 

Professional courtesy and civility are expected during all court appearances, as well as during 

pretrial interaction among the parties. Respect for the Court, respect for one another, respect 

for witnesses and respect for the judicial process are paramount. All trial proceedings and other 

scheduled hearings will begin promptly at their scheduled times. There will be no visual or 

verbal gestures of approval or disapproval of any witness testimony, any comments by counsel, 

or any rulings by the Court. All mobile phones must be turned off or placed in silent mode 
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while in the courtroom. 

It is the policy of the Court that witnesses will be sequestered unless the witness is 

representing the party as its official representative. 

C. Recording of Proceedings 

The official record of all trials and proceedings will be taken by a real-time reporter. Transcripts of 

proceedings may be ordered directly from the court reporter. 

D. Exhibits and Witness Lists and Recordings 

1. The Scheduling Order will provide the date for the filing of the Exhibit list, Witness list and 

exchange of the proposed exhibits. 

2. Witness and Exhibit Lists – Parties are required to use the format or its equivalent in the 

Sample Forms section of these Standards in submitting the Witness list and Exhibit list. Witness 

list shall identify witness address and telephone numbers, a short statement as to the nature and 

purpose of the witness testimony, whether testimony will be in person or by deposition and 

estimated time for testimony. For expert witnesses, the parties must identify his/her area(s) of 

expertise and a brief statement of the facts and conclusions to which the expert will testify. 

Only the Exhibit list should be provided to the Court with the required Pretrial submissions. 

Each exhibit shall be identified by an exhibit number and a description 

3. Exhibits – Exhibits shall be pre-marked with the docket number and exhibit number. 

Complainant's exhibits shall be marked beginning with "C-1. Respondent's exhibits shall be 

marked beginning with "R-1.'' To the extent possible, exhibits should be marked in order of 

their anticipated use in the trial, Commission Rule 70(a). Exhibits smaller than 81⁄2 by 11 inches, 

such as photographs, should be mounted individually on 81⁄2 by 11 sheets of paper. Over-size 

documents such as overheads, charts, graphs or demonstrative exhibits may be used during 

court proceedings, but they shall be reduced, photocopied, or otherwise produced so they can 

be submitted as a paper exhibit and electronically. 

Parties shall provide the Court with exhibits in hard copy as well as an electronic copy in one 

of the following electronic formats: Adobe Portable Document Format (.pdf)(preferably) or 

Word (read only) Document (.doc). Documents in excess of 5 megabytes (MB), such as graphic 

intensive documents, must be filed on a CD-ROM or flash drive. Paper copies of each exhibit, 

together with an index and placed in a three-ring binder, shall be provided to the Judge, the 

court reporter, the witness testifying and opposing counsel. 

4. Audio or Video Files – An edited recording, capable of continuous playback and purged of 

unnecessary portions should be provided. Any portion of a recording containing an audio 

component, such as employee interviews or other conversations, which a party intends to 

introduce into the record, must be fully transcribed. The unedited original recording shall be 

available at trial. Any party desiring to use a recording at the trial shall be responsible for having 

appropriate playback equipment and a competent operator at trial. The preferred format for 

audio files is .mp3, and the preferred .mp4. 

5. Official Version of Exhibits – The electronic version of exhibits, as described in Paragraph 
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3, will serve as the official version of trial exhibits for court transcript certification. 

6. Marking of Stipulations – Any stipulations of fact should be formatted as a pleading and 

marked as an exhibit. 

E. Pretrial Briefs 

Pretrial briefs are encouraged, but not required absent specific Court order. Please flag 

evidentiary issues in a trial brief rather than by motion in limine. A trial brief may not be used 

as a substitute for a motion. The Scheduling Order sets forth the requirements for the 

submission of a pretrial brief. 

F. Post-Trial Procedures 

In lieu of Closing Argument, the Court will issue an Order to the parties requiring the 

submission of post-trial briefs to the Court within the time period specified in the Order. The 

Court will not issue the Order until it receives the certified copy of the trial transcript from the 

Court Reporter. Post-trial briefs should contain each party’s proposed factual findings, a 

discussion of whether the Secretary met its burden to establish a violation of the Act, a 

discussion of whether Respondent established any affirmative defense, as well as a discussion 

of any other pertinent issues the parties believe the Court should address in its decision or that 

the Court has directed sua sponte. 
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SAMPLE FORMS 

I. WITNESS LIST 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

Case No. Date 

Case Title: 

COMPLAINANT/RESPONDENT WITNESS LIST 

(Circle One) 

WITNESS NAME TIME ESTIMATED FOR EXAMINATION 

Direct Cross Re-Direct Re-Cross 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
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II. EXHIBIT LIST 

EXHIBIT LIST OF _____________________________________ CASE NUMBER ________________________________ 

CASE CAPTION ____________________________________ v. _________________________________ Page No. 1 

List of Complainant’s Exhibits by C1,C2, etc) and Respondent’s Exhibits by R1, R2, etc.) 

EX NO. WITNESS DESCRIPTION REC. REJ. RUL. 

RESVD.

COMMENTS