Law Office of Ronald Mahurin
Law Office of Ronald Mahurin
Dec 12, 2019
Yesterday at trial in San Francisco once I thought about some of the legislative changes that will begin in 2020. CCR 10620 will require any document that a party proposes to offer into evidence at a trial to be filed with the WCAB at least 20 days prior to the trial unless otherwise ordered by the court . In San Francisco parties only need to list their exhibits at the MSC . Each party is then required to submit paper copies at trial, which are scanned by the clerk after the trial, a format for WCJ’s who want paper copies of exhibits. For paperless offices, it means they must bear the extra cost, expense, and time of printing documents already in the Electronic Adjudication Management System (EAMS), for example QME reports and prior settlements. In Oakland exhibits are submitted electronically, which seems to support EAMS. At the MSC the parties identify their exhibits, then receive emails from the court to submit exhibits separately as attachments. The Oakland procedures require that the parties identify and have exhibits lists prepared at or before the MSC. In sum, the legislature has once again failed at standardization because of the phrase “ordered by the court.” The SF WCAB is still going to order parties to submit paperless copies at trial. The Oakland WCAB will continue to order electronic submissions. The chaos continues, so know your court and/or judge’s preferences before you make a fool of yourself at trial by having no exhibits.