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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND REVIEW COMMISSION

PROCEDURES AND PRACTICES IN CONVENTIONAL PROCEEDINGS

BEFORE JUDGE JOHN B. GATTO

TABLE OF CONTENTS

I. Preamble 2

II. Contacting Chambers 2

III. Mandatory Electronic Filing; Email Service 2

IV. Pleadings; Corporate Disclosure; Rule 26(f) Conference of the Parties; 4

Joint Preliminary Report and Discovery Plan

V. Discovery 5

VI. Discovery Disputes 9

VII. Summary Judgment 11

VIII. Proposed Pretrial Order 12

IX. Witness Lists; Exhibit Lists 13

X. Trial Exhibits 13

XI. Personally Identifiable Information 15

XII. Proposed Findings of Fact and Conclusions of Law and Briefs 15

XIII. Status Report 15
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I. Preamble

Any rule referenced in these procedures is to the Federal Rules of Civil Procedure, unless 

otherwise indicated.1 Any reference to a Commission Rule means the Commission’s Rules of 

Procedure, 29 CFR Part 2200, a copy of which is available on the Commission’s web page at 

https://www.oshrc.gov under the “Rules – Guides” tab. All motions shall be accompanied by a 

proposed order that would grant the relief requested in the motion. See 29 C.F.R. § 2200.40(e). 

The Court has established discovery and disclosure timeframes in these procedures that it has

determined are appropriate and necessary for most conventional cases, which may not be altered 

except by order of the Court.

II. Contacting Chambers

The Court’s Legal Assistant is listed in Judge Gatto’s first order sent to the parties. The Court’s 

Legal Assistant is your primary point of contact on matters relating to your case and can be reached 

by e-mail or telephone number indicated in Judge Gatto’s first order sent to the parties. Neither 

the parties nor their counsel are permitted to discuss the merits of the case with any Court staff. 

Subpoenas may be requested ex parte through the Court’s Legal Assistant by email.

III.Mandatory Electronic Filing; Email Service

A. Mandatory Electronic Filing. ALL parties must file documents electronically in the 

Commission’s E-File System (unless you filed a written request to be exempt from electronic filing 

explaining specifically how and why it would be an undue burden to comply with the electronic 

filing and are granted an exemption from electronic filing by the Judge). If you have not yet 

registered, you must immediately do so and notify the Court’s Legal Assistant that you have

done so. If you have not registered but included your email address in your notice of contest or

notice of appearance, you will receive a one-time courtesy copy of the Court’s Initial Scheduling 

Order sent to your email address of record. Unless you have been granted an exemption from 

electronic filing by the Judge, you will notreceive any future Court orders/notices until you register

and notify the Court’s Legal Assistant that you have done so. 

B. User Registration and Electronic Filing. User registration and electronic filing are 

accomplished at https://oshrc.entellitrak.com. You are responsible for reviewing and complying 

1 The Occupational Safety and Health Act of 1970 mandates that unless the Commission has adopted a 

different rule, its proceedings shall be in accordance with the Federal Rules of Civil Procedure. See 29 

U.S.C. 661(g).
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with the Commission’s Instructions for Electronic Filing link located on the Commission’s web 

page at https://www.oshrc.gov under the “Featured Resources” tab. Failure to comply with these 

Instructions may result in the rejection of your submission.

C. Email Service. Documents filed electronically must be served by email attachmenton all 

parties and intervenors. The Certificate of Service must not be filed as a separate document. The 

document submitted for filing to the Commission E-File System case file will be rejected if a 

Certificate of Service that conforms with the Commission Rules is not included with the document 

submitted. The Certificate of Service certifying simultaneous email service of the document to the 

other parties and intervenors in the case must be included as the final page of the document 

submitted for filing:

Certificate of Service

This is to certify that service of the [Document Name] filed in the Commission’s E-File 

System was also simultaneous served by email attachment to the parties listed below on [Date of

Service].

[Name of Individual Served 

Address

Email Address]

 /s/_______________________________

Name Title

Company / Firm Name / Office of the Solicitor

Street Address

City, State, Zip Code Email Address

The Certificate of Service must not be filed as a separate document. The document 

submitted for filing to the Commission E-File System case file will be rejected if a Certificate of 

Service that conforms with the Commission Rules is not included with the document submitted.
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IV. Pleadings; Corporate Disclosure; Rule 26(f) Conference of the Parties; Joint Preliminary 

Report and Discovery Plan

A. Complaint. If the Complainant has not filed a complaint, the Complainant shall do so

within 21 days from the date of the Court’s Initial Scheduling Order.

B. Answer. If the Respondent has not filed an answer, Respondent shall do so within 21 days 

from the date of the Court’s Initial Scheduling Order, or service of the complaint,whichever is

later.

C. Sample Pleadings Forms. A sample Complaint and a sample Answer are available on the

Commission’s web page under the “Sample Documents” tab at https://www.oshrc.gov/sample-documents/. 

D. Corporate Disclosure. Respondent’s answer shall not be accepted for filing, or if it has 

been filed it shall be stricken from the record, unless Respondent complies with Commission Rule

35’s corporate disclosure requirements. Respondent may be held in default pursuant to 

Commission Rule 35(b) and (d) if it fails to file an adequate disclosure declaration or an amended 

disclosure.

E. Rule 26(f) Early Planning Conference. Lead counsel for all parties and pro se litigants 

are required to confer in an effort to settle the case, discuss discovery, limit issues, and discuss

other matters addressed in the Joint Preliminary Report and Discovery Plan at a Rule 26(f) 

conference.2 Counsel or pro se litigants are jointly responsible for arranging the conference. 

Counsel or pro se litigants are required to inform the parties promptly of all offers of settlement 

proposed at the conference.

F. Joint Preliminary Report and Discovery Plan. For all cases not settled at the Rule 26(f) 

conference, the parties are required to file a Joint Preliminary Report and Discovery Plan within

21 days from the date of the Court’s Initial Scheduling Order, which shall state the parties’ views 

and proposals as required by Rule 26(f)(3)(B)-(F), and in addition:

1. whether expert testimony will be used in this case, and if so the date by which expert

designations must be served by Complainant and by Respondent; the date expert reports from 

retained experts must be served by Complainant and by Respondent; the date expert designations 

2 Although Federal Rule 30 does not require leave of the Court for 10 or fewer depositions, the Commission 

has adopted Commission Rule 56(a), which provides that depositions “shall be allowed only by agreement 

of all the parties, or on order of the Commission or Judge following the filing of a motion of a party stating 

good and just reasons.” (Emphasis added). Therefore, consideration should be given to the stipulation of 

the taking of depositions at the Rule 26(f) planning meeting.
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and reports by any rebuttal experts must be served by Complainant and by Respondent; and the date 

any objections to such designations must be served by Complainant and by Respondent (all 

designations and reports must be completed and served within the discovery period);

2. estimated total number of trial days and separately estimated number of days for each 

party to present their case;

3. all available trial date(s) and a proposed trial city/state with a federal courthouse and a 

national or international (not local) airport;

4. whether all parties consent to the taking of depositions, and if not, whether any party 

intends to move to compel such depositions;

5. any request for Language Access Services (oral, sign or written language services) and 

the scope of such services;3

6. the location of Respondent’s principal place of business; and

7. any other matters appropriate to the circumstances of the case.

V. Discovery

A. Scope and Limits of Discovery. Direct and informal communication between counsel is 

encouraged to facilitate discovery and resolve disputes. The Commission has adopted its own 

discovery rule, Commission Rule 52. Therefore, Federal Rule 26(b) relating to the scope and limits 

of discovery does not apply. Commission Rule 52(b) places within the scope of discovery “any 

matter that is not privileged and that is relevant to the subject matter involved in the pending case” 

and “proportional to the needs of the case, considering the importance of the issues at stake, the 

parties’ relative access to relevant information, the parties’ resources, the importance of the 

discovery in resolving the issues, and whether the burden or expense of the proposed discovery 

outweighs its likely benefit. Information within this scope of discovery need not be admissible in 

evidence to be discoverable.”

B. Commencement. Commission Rule 52(a)(2) provides a party may initiate all forms of 

discovery in conformity with the Commission’s Rules at any time after the filing of the first 

responsive pleading or motion that delays the filing of an answer, such as a motion to dismiss.

C. Length. Unless otherwise ordered, all discovery shall be completed within 4 months from 

3 Subject to the availability of funds, the Court will secure Language Access Services required for any 

parties and/or witnesses if the parties file a joint stipulation at least 14 days before trial indicating the 

specific type of services needed. If requested and funds are not available, the cost of Language Access 

Services shall be apportioned among the parties.
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the date of the Court’s Final Scheduling Order.

4 All discovery requests must be served early 

enough so that the response period is within 30 days before the close of the discovery period, or 

within 30 days after service of the discovery requests, whichever occurs first.

D. Filing of Discovery and Disclosures Prohibited. Commission Rule 8(a)(2)mandates that 

discovery documents “shall not be filed with the Commission or Judge. Filing and retention of

such discovery documents shall comply with [Commission Rule] 52(i) and (j)].” 29 C.F.R. §

2200. 8(a)(2). Similarly, Commission Rule 52(j) also mandates that discovery documents “shall 

not be filed with the Commission or Judge. The party responsible for service of the discovery 

material shall retain the original and become the custodian.” 29 C.F.R. § 2200.52(j). Exception: 

“If interrogatories, requests, answers, responses, or depositions are to be used at the hearing or are 

necessary to a prehearing motion which might result in a final order on any claim, the portions to 

be used shall be filed with the Commission or Judge at the outset of the hearing or at the filing of

the motion insofar as their use can be reasonably anticipated.” 29 C.F.R. § 2200. 52(l).

E. Adjustments to Discovery Period. The Court may, in its discretion, shorten or lengthen

the time for discovery. Motions requesting extensions of time for discovery must be made prior to 

expiration of the existing discovery period and will be granted only in exceptional cases where the 

circumstances on which the request is based did not exist or the attorney or attorneys could not 

have anticipated that such circumstances would arise when the parties filed their Joint Preliminary 

Report and Discovery Plan.

F. General Principles. Counsel and pro se litigantsshould be guided by courtesy, candor, and

common sense. The Court does not allow evidence at trial that was requested and not revealed 

during the discovery period. The Court will not enforce the private agreements between parties to 

conduct discovery beyond conclusion of the discovery period and will not compel responses to 

discovery requests that were not served in time for responses to be made before the discovery 

period ended.

G. Depositions. If the parties do not stipulate to taking depositions at their Rule 26(f) planning 

meeting, any motions to take depositions shall be filed early enough so that the depositions can be 

completed prior to the expiration of the discovery period. Before a deposition may be used at trial, 

4 See Commission Rule 52(a)(2) (“Discovery shall be initiated early enough to permit completion of 

discovery no later than 14 days prior to the date set for hearing, unless the Judge orders otherwise”) 

(emphasis added).
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the proponent must first seek an order from the Court ruling the deposition meets one of the 

conditions authorizing such use under Federal Rule of Civil Procedure 32.

H. Initial Disclosure.

Although Commission Rule 52(a)(1)(v) provides that the “required disclosures” 

requirements of Federal Rule 26(a) do not apply in Commission proceedings, “[t]his exception 

does not preclude any prehearing disclosures (including disclosure of expert testimony and written 

reports) directed in a scheduling order.” 29 CFR § 2200. 52(a)(1)(v). Therefore, within 14 days 

after the parties’ Rule 26(f) conference, unless a different time is set by stipulation or Court order, 

each party must, without awaiting a discovery request, provide to the other parties:

1. the name and, if known, the address and telephone number of each individual likely to

have discoverable information—along with the subjects of that information—that the disclosing 

party may use to support its claims or defenses, unless the use would be solely for impeachment; and

2. a copy—or a description by category and location—of all documents, electronically 

stored information, and tangible things that the disclosing party has in its possession, custody, or 

control and may use to support its claims or defenses, unless the use would be solely for 

impeachment.

A party must make its initial disclosures based on the information then reasonably available 

to it. A party is not excused from making its disclosures because it has not fully investigated the 

case or because it challenges the sufficiency of another party’s disclosures or because another party 

has not made its disclosures.

I. Disclosure of Expert Testimony. In addition to the disclosures required above, a party 

must disclose to the other parties the identity of any witness it may use at trial to present evidence 

under Federal Rule of Evidence 702, 703, or 705. The proponent of the expert testimony has the 

burden of establishing the admissibility requirements by a preponderance of the evidence. Any 

party who does not comply with these provisions shall not be permitted to offer the testimony of 

the party's expert, unless expressly authorized by Court order based upon a showing that the failure 

to comply was justified.

J. Witnesses Who Must Provide a Written Report. Unless otherwise or ordered by the 

Court, the expert witness disclosure must be accompanied by a written report—prepared and signed 

by the witness—if the witness is one retained or specially employed to provide expert testimony 

in the case or one whose duties as the party’s employee regularly involve giving expert 
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testimony—which must contain:

1. a complete statement of all opinions the witness will express and the basis and reasons 

for them;

2. the facts or data considered by the witness in forming them;

3. any exhibits that will be used to summarize or support them;

4. the witness’s qualifications, including a list of all publications authored in the previous 

10 years;

5. a list of all other cases in which, during the previous 4 years, the witness testified as an 

expert at trial or by deposition; and

6. a statement of the compensation to be paid for the study and testimony in the case.

K. Witnesses Who Do Not Provide a Written Report. Unless otherwise ordered by the 

Court, if the witness is not retained or specially employed to provide expert testimony in the case 

or whose duties as the party’s employee do not regularly involve giving expert testimony, in lieu 

of a written report, the expert designation must include (1) a statement of the subject matter on 

which the witness is expected to present evidence under Federal Rule of Evidence 702, 703, or 

705; and (2) a summary of the facts and opinions to which the witness is expected to testify.

L. Time to Disclose Expert Testimony. Absent a stipulation or Court order, the disclosures

must be made within 90 days before the date set for trial or for the case to be ready for trial. Any 

party who does not comply with these provisions shall not be permitted to offer the testimony of 

the party's expert, unless expressly authorized by Court order based upon a showing that the failure 

to comply was justified. The proponent of the expert testimony has the burden of establishing the 

admissibility requirements by a preponderance of the evidence. Any party objecting to an expert’s 

testimony shall file an objection within the date that the proposed pretrial order is submitted.

Otherwise, such objections will be waived, unless expressly authorized by Court order based upon 

a showing that the failure to comply was justified.

M. Pretrial Disclosures.

1. In General. In addition to the disclosuresrequired by Rule 26(a)(1) and (2), a party must 

provide to the other parties and promptly file the following information about the evidence that it 

may present at trial other than solely for impeachment:

(a) the name and, if not previously provided, the address and telephone number of each 

witness—separately identifying those the party expects to present and those it may call if
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the need arises;

(b) the designation of those witnesses whose testimony the party expects to present by 

deposition and, if not taken stenographically, a transcript of the pertinent parts of the

deposition; and

(c) an identification of each document or other exhibit, including summaries of other 

evidence—separately identifying those items the party expects to offer and those it may 

offer if the need arises (in order to use a deposition or any portion thereof at trial, the 

proponent must first establish by a properly supported motion filed at least 30 days before

trial that the deposition meets all of the requirements of Federal Rule 32(a)).

2. Time for Pretrial Disclosures; Objections. Unless the Court orders otherwise, these 

disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless 

the Courtsets a different time, a party may serve and promptly file a list of the following objections: 

any objections, together with the grounds for it, to the use under Rule 32(a) of a deposition

designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with the 

grounds for it, that may be made to the admissibility of materials identified under Rule 

26(a)(3)(A)(iii). An objection not so made— except for one under Federal Rule of Evidence 402

or 403—is waived unless excused by the Court for good cause.

N. Form of Disclosures. Unless the Court orders otherwise, all disclosures under Rule 26(a) 

must be in writing, signed, and served.

O. Daubert Motions. A Daubert motion to exclude scientific or expert testimony or evidence 

may be filed within 14 days after disclosure of the witness or report. Otherwise, such objections 

will be waived, unless expressly authorized by Court order based upon a showing that the 

untimeliness of the motion was justified. Both the motion and any response thereto shall indicate

whether a hearing to present oral argument is requested (oral argument shall be presented remotely 

via Zoom technology).

VI. Discovery Disputes

A. Boilerplate and General Objections Prohibited. Parties shall not carelessly invoke the

usual litany of rote objections; i.e., attorney-client privilege, work-product immunity from 

discovery, overly broad/unduly burdensome, irrelevant, not reasonably calculated to lead to the 

discovery of admissible evidence. General objections are prohibited; otherwise, it is impossible

for the Court or the party upon whom the discovery response is served to know exactly what 
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objections have been asserted to each individual request. For example, Counsel shall not include 

in a response to a discovery request a “Preamble” or a “General Objections” section stating an 

objection to the discovery request “to the extent that” it violates some rule pertaining to discovery; 

e.g., the attorney-client privilege, work product immunity from discovery, the requirement that

discovery requests be reasonably calculated to lead to the discovery of admissible evidence, and the 

prohibition against discovery requests that are vague, ambiguous, overly broad, or unduly 

burdensome. All such general objections shall be disregarded by the Court.

Instead, each individual discovery request must be met with every specific objection thereto –

but only those objections that apply to that request. Finally, a party who objects to a discovery

request but then responds to the request must indicate whether the response is complete, i.e., 

whether additional information or documents would have been provided but for the objection(s). 

For example, in response to an interrogatory, a party is not permitted to raise objections and then 

state, “Subject to these objections and without waiving them, the response is as follows . . .” unless 

the party expressly indicates whether additional information would have been included in the 

response but for the objection(s).

B. Motion to Compel. A motion to compel may be filed within 14 days after a discovery 

dispute occurs, which shall:

1. quote verbatim each discovery request;

2. state the specific objection;

3. state the grounds assigned for the objection (if not apparent from the objection);

4. cite authority and include a discussion of the reasons assigned as supporting the

motion;

5. shall be arranged so that the objection, grounds, authority, and supporting reasons 

follow the verbatim statement of each specific discovery request to which an objection is raised; 

and

6. copies of the portions of the discovery request or responses in dispute shall be filed 

with the Court contemporaneously with the motion.

C. Response. A response to a motion to compel must be filed within 14 days of service of the 

motion to compel, which will shall also be arranged so that the discovery request is quoted 

verbatim followed by the specific objection, rationale, authority, and the reasons supporting the 

objection.
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VII. Summary Judgment

A. When to File.

Motions for summary judgment shall be filed in accordance with the provisions of Fed. R. 

Civ. P. 56 as soon as possible, but, unless otherwise ordered by the Court, not later than 30 days 

after the close of discovery, as established by the expiration of the original or extended discovery 

period or by written notice of all counsel, filed with the Court, indicating that discovery was 

completed earlier.

B. Form of Motion.

A movant for summary judgment shall include with the motion a brief in support thereof 

and aseparate, concise, numbered statement of the material facts to which the movant contends

there is no genuine issue to be tried. Each material fact must be numbered separately and 

supported by a citation to evidence proving such fact. The Court will not consider any fact: (a)

not supported by a citation to evidence (including page or paragraph number); (b) supported by a 

citation to a pleading rather than to evidence; (c) stated as an issue or legal conclusion; or (d) set 

out only in the brief and not in the movant’s statement of undisputed facts.

C. Response to Motion.

Within 14 days of service of the motion, a responding party shall include with the response 

a brief in support thereof and a statement of disputed facts, which shall contain aseparate, concise,

numbered statement of nonargumentative responses corresponding to each of the movant’s 

numbered undisputed material facts to which the responding party contendsthere is a genuine issue 

to be tried. Each material fact must be numbered separately and supported by a citation to evidence 

proving such fact. The Court will not consider any fact: (a) not supported by a citation to evidence 

(including page or paragraph number); (b) supported by a citation to a pleading rather than to 

evidence; (c) stated as an issue or legal conclusion; or (d) set out only in the brief and not in the 

responding party’s statement of disputed facts.

The Court will deem each of the movant’s facts as admitted unless the responding party (a) 

directly refutes the movant’s fact with concise responses supported by specific citations to

evidence (including page or paragraph number); (b) states a valid objection to the admissibility of

the movant’s fact; or (c) points out that the movant’s citation does not support the movant’s fact or 

that the movant’s fact is not material or otherwise has failed to comply with the provisions set out 

in (VII)(B)(1). The Court will deem the movant’s citations supportive of its facts unless the 
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responding party specifically informs the Court to the contrary in the response. The response that 

a party has insufficient knowledge to admit or deny is not an acceptable response unless the party 

has complied with the provisions of Fed. R. Civ. P. 56(d).

D. Statement of Additional Facts.

The responding party may also file a statement of additional facts which the responding party 

contends are material and present a genuine issue for trial. Each material fact must be numbered 

separately and supported by a citation to evidence proving such fact. The Court will not consider 

any fact: (a) not supported by a citation to evidence (including page or paragraph number); (b)

supported by a citation to a pleading rather than to evidence; (c) stated as an issue or legal 

conclusion; or (d) set out only in the brief and not in the responding party statement of additional 

facts.

E. Response to Statement of Additional Facts.

If the responding party provides a statement of additional material facts, then, within 7 days 

from the date of service of the statement, the movant may file a response to each of the respondent’s 

facts. The range of acceptable responses is limited to: (a) an objection to the admissibility of the 

evidence upon which the respondent relies; (b) an objection pointing out that the respondent’s 

evidence does not support the respondent’s fact; (c) an objection on the ground that the 

respondent’s fact is not material or does not otherwise comply with the provisions set out in 

(VII)(B)(2); and (d) a concession that the Court can properly consider the responding party’s 

evidence for purposes of the summary judgment motion.

F. Exhibits. 

The parties must file as exhibits to their briefs the originals of any affidavits relied upon in 

their motion and responsive papers, and copies of those excerpts of depositions or other discovery

materials that are referenced therein. In addition, when a portion of a deposition is referenced and 

submitted, then the party in custody of the original of that deposition shall cause the entire 

deposition to be filed with the Court.

VIII. Proposed Pretrial Order

Within 30 days after the close of discovery, or entry of the Court’s ruling on any pending 

motions for summary judgment, whichever is later, the parties shall jointly file a proposed Pretrial 

Order, which shall be prepared and filed in conformity with the Court’s form Pretrial Order, a copy 

of which is available on the Commission’s web page under the Administrative Law Judge Practices 
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section at https://www.oshrc.gov/about/administrative-law-judge-practices. The Pretrial Order 

shall supersede the pleadings and shall govern the issues to be tried.

IX.Witness Lists; Exhibit Lists

A. Witness Lists. Within 14 days before trial, each party must deliver to the Court, the Court 

reporter, and opposing parties a witness list. The list must designate the witnesses whom the party 

will have present at trial and those witnesses whom the party may have present at trial. Expert 

(any witness who might express an opinion under Rule 702), impeachment and rebuttal witnesses 

whose use as a witness can be reasonably anticipated must be included. All parties may rely upon 

a representation by a designated party that a witness will be present unless notice to the contrary 

is given 7 days prior to trial to allow the other party(s) to subpoena the witness or to obtain the 

witness’ testimony by other means.

Each party shall also attach to their witness list a reasonable specific summary of the expected 

testimony of each expert witness. Witnesses who are not included on the witness list (including 

expert, impeachment, and rebuttal witnesses whose use should have been reasonably anticipated) 

will not be permitted to testify, unless expressly authorized by court order based upon a showing 

that the failure to comply was justified.

B. Exhibit Lists. Within 14 days before trial, each party must deliver to the Court, the Court 

reporter, and opposing parties an exhibit list. Learned treatises that are expected to be used at trial 

shall not be admitted as exhibits. Counsel are required, however, to identify all such treatises under 

a separate heading on the party’s exhibit list. The parties shall comply with the “Trial Exhibits” 

provisions in the Court’s Procedures and Practices in Conventional Cases. Each party’s exhibit list 

must be submitted in the following format, and with the first two columns completed:

Exhibit List of (Complainant/Respondent) OSHRC Docket No. .

Secretary of Labor v. Page No.____ of ____ 

EX. # DESCRIPTION TENDERED WITHDRAWN ADMITTED REJECTED

X. Trial Exhibits

A. General Requirements. The parties shall have a joint duty to consolidate duplicate 

exhibits using a joint common numbering system for such exhibits to the extent feasible and the 

Court will not admit a duplicate exhibit from one party that has already been admitted by another 
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party. Exhibits shall not include alphabetical or numerical subparts (e.g., A, B, C, I, ii, iii etc.). If 

subparts are necessary, separate exhibits must be identified. 

B. Marking Exhibits. Prior to trial, each party shall number their exhibits using exhibit 

stickers, marked with the docket number, with a designation identifying the party offering the 

exhibit, and numbered consecutively. Each page of each exhibit shall be numbered consecutively, 

preferably with a Bates stamp. The pre-numbered exhibits must be securely placed in a trial exhibit 

notebook and each exhibit separated by a tab labeled with the exhibit number.

C. Objections. Specific objections to another party’s exhibits must be typed on a separate 

page and must be attached to the exhibit list of the party against whom the objections are raised. 

Objections asto authenticity, privilege, competency, and, to the extent possible, relevancy of the 

exhibits shall be included. Any listed document to which an objection is not raised shall be deemed 

to have been stipulated as to authenticity, privilege, competency, and, to the extent possible, 

relevancy by the parties and shall be admitted at trial without such further proof. 

D. Copies. Unless otherwise noted, copies rather than originals of documentary evidence may

be used at trial. Documentary or physical exhibits may not be submitted by counsel after filing of 

the pretrial order, except upon consent of all the parties or permission of the Court. Exhibits must 

be numbered, inspected by counsel, and marked with stickers prior to trial. Counsel shall 

familiarize themselves with all exhibits (and the numbering thereof) prior to trial. Counsel will not

be afforded time during the trial to examine exhibits that are or should have been listed.

E. In-Person Trial. No later than 14 days before trial:

1. Opposing Party. A copy of each exhibit shall be provided to the opposing party by 

email attachment in Adobe Portable Document Format (.pdf) or by mail on a CD or flash drive. 

The electronic pdf version of each exhibit must mirror the original paper version in all respects,

including clarity and color;

2. Court Reporter. The original trial exhibit notebooks shall be presented to the Court

reporter at trial, along with a courtesy copy for the Court. Copies of each exhibit shall also be sent 

to the court reporter at the conclusion of the trial by email attachment in Adobe Portable Document 

Format (.pdf), or by mail on a CD or flash drive. The electronic pdf version of each exhibit must 

mirror the original paper version in all respects, including clarity and color.

F. Remote Trial. No later than 14 days before trial:

1. Opposing party. A copy of each exhibit shall be provided to the opposing party by
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email attachment in Adobe Portable Document Format (.pdf) or by mail on a CD or flash drive to 

the opposing party. The electronic pdf version of each exhibit must mirror the original paper 

version in all respects, including clarity and color;

2. Court Reporter. The original trial exhibit notebooks shall be provided to the court 

reporter by mail, along with copies of each exhibit by email attachment in Adobe Portable

Document Format (.pdf) or by mail on a CD or flash drive. The electronic pdf version of each 

exhibit must mirror the original paper version in all respects, including clarity and color;

3. Court’s Legal Assistant. A copy of each exhibit shall be provided by email attachment 

to the Court’s Legal Assistant in Adobe Portable Document Format (.pdf). The electronic pdf 

version of each exhibit must mirror the original paper version in all respects, including clarity and 

color; and

4. Witnesses. The party calling a witness must deliver to the witness a copy of each 

exhibit to be addressed with the witness by email attachment in Adobe Portable Document Format 

(.pdf) or by mail on a CD or flash drive. The electronic pdf version of each exhibit must mirror the 

original paper version in all respects, including clarity and color.

XI. Personally Identifiable Information

A party filing a submission with the Court or tendering an exhibit at trial containing 

Personally Identifiable Information (PII) shall comply with Commission Rule 8(g), which sets out 

the redaction procedures for applicable types of PII and medical records.

XII. Proposed Findings of Fact and Conclusions of Law and Briefs

The parties shall file proposed findings of fact and conclusions of law and separate posttrial briefs within 30 days after receipt of the electronic trial transcript, except that if the

Respondent is self-represented or represented by a non-attorney, the Respondent may, but shall 

not be required, to file proposed findings of fact and conclusions of law and separate post-trial 

briefs. Reply briefs are not authorized without the approval of the Court.

XIII. Status Report

The parties shall file a joint status report of their intent to proceed to trial, settle, or 

withdraw the citation or notice of contest no later than 14 days before trial. If the parties intend 

to settle, or a party intends to withdraw the citation or notice of contest, but the Court was not 

timely informed as required herein, the parties must appear at trial, unless otherwise ordered, to 

memorialize the settlement or withdrawal announcement on the record.
16

SO ORDERED.

Dated: November 17, 2023

Atlanta, GA