Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.113 - PRETRIAL PROCEDURE

Current through Reg. 50, No. 138; July 16, 2024
(1) A judge, on the
				judge's own initiative or on the motion of any party, may conduct status
				conferences or pre-hearing conferences.
(2) The parties or, if represented, their
				attorneys of record shall confer and complete a written pretrial stipulation.
				The claimant or claimant's counsel shall forward the pretrial stipulation to
				the employer/carrier or their counsel, if represented, no later than 14
				calendar days prior to the pretrial hearing. The employer/carrier or their
				counsel shall complete their portion and return the pretrial stipulation to the
				claimant or claimant's counsel, if represented, no later than seven calendar
				days prior to the pretrial hearing. The judge may excuse any party who has
				complied with filing their completed and signed portion of the pretrial
				stipulation from live or telephonic attendance at the pretrial hearing. The
				judge may cancel the pretrial hearing if the stipulation is timely filed. In
				pretrial stipulations and at any pretrial hearing, the parties shall:
(a) State the claims, defenses, and the date
				of filing of each petition for benefits to be adjudicated at the final hearing.
				Any claims that are ripe, due, and owing, and all available defenses not raised
				in the pretrial stipulation are waived unless thereafter amended by the judge
				for good cause shown. Any amendment, supplement, or other filing shall only be
				accepted if it clarifies the claims and/or defenses pled. Absent an agreement
				of the parties, in no event shall an amendment or supplement be used to raise a
				new claim or defense that could or should have been raised when the initial
				pretrial stipulation was filed, unless permitted by the judge for good cause
				shown. The failure to diligently seek and obtain discovery, standing alone,
				does not constitute good cause for failure to timely raise a claim or
				defense;
(b) State each party's
				position regarding the date of accident, jurisdiction over the subject matter
				and over the parties, the injuries alleged; venue, and timely notice of the
				pretrial hearing and of the final hearing;
(c) Stipulate to such facts and the
				admissibility of documentary evidence as will avoid unnecessary
				proof;
(d) Identify all exhibits,
				including impeachment and rebuttal exhibits;
(e) Identify the names, addresses, and
				telephone numbers of all witnesses, including impeachment and rebuttal
				witnesses, and state whether the witnesses will testify in person, by
				telephone, or by deposition;
(f)
				Exchange all available written reports of experts to be offered at
				trial;
(g) Consider and determine
				such other matters as may aid in the disposition of the case; and
(h) Any affirmative defense or avoidance,
				including any defense raised pursuant to Sections
				 440.09(4)(a) 
				and  440.105, F.S., must be raised
				with specificity, detailing the conduct giving rise to the defense or
				avoidance. Objections based upon lack of specificity shall be raised in a
				separate motion to strike the affirmative defense or avoidance filed within 14
				days of the filing of the completed pretrial, or within 14 days of the filing
				of any amendment to the pretrial stating a new affirmative defense or
				avoidance. If a motion to strike an affirmative defense or avoidance for lack
				of specificity is granted, the party asserting the affirmative defense or
				avoidance may amend the pretrial within 10 days after the order granting the
				motion to strike. Failure to plead with specificity shall result in the
				striking of the defense.