State Ethics Commission Hearing Scheduling Order

This form is used to schedule State Ethics Commission adjudicatory hearing matters

Commonwealth of Massachusetts
State Ethics Commission
Suffolk, ss

Commission Adjudicatory Docket Number ________

In the Matter of ____________________

SCHEDULING ORDER

The following deadlines, established by the Commission, may be modified only on motion for good cause shown or at the discretion of the Presiding Officer. Failure to comply with these deadlines may be grounds for allowance of a motion to dismiss, for summary decision, or such other action as the Commission or the Presiding Officer deems appropriate.

Papers required or permitted to be filed under this Scheduling Order, any other Order, the Commission's regulations at 930 CMR 1.00, or any provision of applicable law, must be filed electronically in accordance with the Commission's Electronic Case Filing Administrative Procedures Manual ("ECF Manual"). If Respondent does not wish to file electronically, he/she must seek permission in advance of the filing date from the Presiding Officer.

Unless ordered by the Commission or Presiding Officer, the Parties shall not file with the Commission papers that include any of the following information and shall redact papers as necessary to comply with 930 CMR 1.01(4)(b): home addresses; social security numbers; names of minor children; dates of birth; and financial account numbers. The Party making the filing is solely responsible for redacting such information. If a home address is pertinent to a violation or a defense, the Parties should bring the matter to the attention of the Presiding Officer as soon as possible. Certificates of service shall indicate that service was made without identifying any home address at which service was made. If Respondent is appearing on his/her own behalf, he/she need not include his/her home address on the filing, but instead shall provide his/her home address to the Commission and to each other Party.

1. Respondent shall file and serve an Answer on or before __________ [insert date 21 days after date of Order to Show Cause].
2. Discovery requests, with the exception of requests for admission, shall be served on or before _________ [insert date 35 days after date of Order to Show Cause].
3. Responses to discovery requests, with the exception of responses to requests for admission, shall be served on or before _______ [insert date 49 days after date of Order to Show Cause].
4. Requests for admission shall be filed and served on or before ________ [insert date 55 days after date of Order to Show Cause]. Responses to requests for admission shall be filed and served within thirty (30) days of receipt. The truth of the matter will be admitted unless a written statement or objection is filed and served by the deadline.
5. A Party may take one (1) deposition of a single witness of not more than four hours' duration, upon notice filed and served at least ten (10) days before the date of the deposition and in accordance with 930 CMR 1.01(7)(c). Further depositions shall be taken only pursuant to agreement of the Parties, or pursuant to approval by the Commission or Presiding Officer of a motion made as set forth in 930 CMR 1.01(7)(c)1 and (g). Depositions shall be taken at the Commission's office in Boston unless the Presiding Officer determines that this would create hardship for the deponent.
6. Unless a different time is specified in this Scheduling Order, any opposition to a motion shall be filed and served within seven (7) days after receipt of the motion. Replies, if any, shall be filed only with the permission of the Presiding Officer and served within the time specified by the Presiding Officer.
7. Discovery motions shall be filed and served within fourteen (14) days of receipt of discovery claimed to be insufficient or, if discovery is not produced, within fourteen (14) days of the date on which the discovery response was due.
8. Motions for decision on the pleadings shall be filed and served on or before _____ [insert date 51 days after date of Order to Show Cause]. Opposition to such motions shall be filed and served on or before _____ [insert date 65 days after date of Order to Show Cause]. Replies if any shall be filed and served on or before _____ [insert date 72 days after date of Order to Show Cause], and only with the permission of the Presiding Officer.
9. Other dispositive motions, including motions for summary decision, shall be filed and served on or before __________ [insert date 63 days after date of Order to Show Cause]. Opposition to such motions shall be filed and served on or before _____ [insert date 77 days after date of Order to Show Cause] Replies if any shall be filed and served on or before _____ [insert date 84 days after date of Order to Show Cause], and only with the permission of the Presiding Officer.
10. All pre-hearing motions shall be filed and served no later than twenty-one (21) days before the Adjudicatory Hearing.
11. The Parties shall confer prior to the filing date set forth in ¶10 for the purpose of determining whether they can reach agreement on stipulations, exhibits or any other matter that will reduce the length of the Adjudicatory Hearing.
12. Not later than twenty-one (21) days before the Adjudicatory Hearing, each Party shall file and serve:
    1. a witness list providing only the name of each witness; parties
       shall provide other parties with contact information for witnesses
       upon request;
    2. an expert witness list, if applicable, including the name,
       professional address, qualifications and subject matter of the
       testimony of each expert witness expected to be called, and, for
       each expert, a report setting forth the opinions to which the expert
       is expected to testify and the basis therefor;
    3. an exhibit list;
    4. stipulations of law and fact if any;
    5. any proposed excerpts from an opposing Party's statements
       and interviews that will be offered as evidence; and
    6. designations and counter-designations from interviews and
       depositions.
13. Not later than ten (10) days before the Adjudicatory Hearing, the Parties shall exchange written objections, if any, to each other's proposed exhibits, exhibit testimony, and opposing Party excerpts, and with respect to such excerpts, where the objection is lack of completeness, shall indicate in writing what additional language is deemed necessary to complete the excerpt.
14. Not later than seven (7) days before the Adjudicatory Hearing, the Parties shall meet to discuss evidentiary issues. The Parties shall discuss their exhibit lists and objections with the goal of resolving evidentiary disputes between themselves if possible. The Parties are encouraged to stipulate to the admissibility of exhibits and testimony as to which there is no objection. To the extent that the Parties cannot agree, either or both Parties may request a conference by telephone or otherwise with the Presiding Officer to resolve those issues before the Adjudicatory Hearing. Prior to such a conference, each Party shall submit a brief outline of the issues to be resolved.

15. The Parties shall prepare two (2) sets of binders containing all stipulated exhibits for use at the Adjudicatory Hearing by the Presiding Officer and the witnesses. One binder shall be labeled as "Stipulated Exhibits: To be Marked as Exhibits." The second binder shall be labeled as "Stipulated Exhibits: Presiding Officer's Copy."

    The Parties shall also prepare two (2) sets of binders containing all disputed exhibits. One binder shall be labeled as Petitioner/Respondent's Disputed Exhibits: To be Marked for Identification." The second binder shall be labeled as "Petitioner/Respondent's Disputed Exhibits: Presiding Officer's Copy."

    All binders shall be provided to the Legal Advisor at least two (2) days before the Adjudicatory Hearing.

16. Any Party seeking to use or disclose any confidential information or document in any filing with the Commission or during the Adjudicatory Hearing, shall file and serve a motion as soon as possible and, in any event, prior to using or disclosing such information, that includes the following: a general description of the type of information and/or document; a statement regarding the need for the information and/or document; and the basis for the claim of confidentiality. Any opposition shall be filed and served within seven (7) days thereafter. Replies if any shall be filed and served within three (3) days thereafter, and only with the permission of the Presiding Officer.

Commonwealth of Massachusetts
State Ethics Commission

By: 

Legal Advisor
State Ethics Commission
One Ashburton Place,
Room 619
Boston, MA 02108
[phone]

 

Dated: __________
cc: Counsel

Scheduling Order
Revised September 2, 2011