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All or portions of separate cases may be consolidated for trial, or portions of a single case may be severed for separate trials, in the discretion of the administrative law judge. Consolidation or severance may be ordered on motion or sua sponte, in furtherance of justice, efficiency or convenience.
The parties must have all of their witnesses available on the trial date. A party intending to introduce documents into evidence must bring to trial copies of those documents for the administrative law judge, the witness, and the other parties. Repeated failure to comply with this section may be cause for sanctions, as set forth in 48 RCNY § 1-13(e).
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)
(a) A subpoena ad testificandum requiring the attendance of a person to give testimony prior to or at a trial or a subpoena duces tecum requiring the production of documents or things at or prior to a trial may be issued only by the administrative law judge upon application of a party or sua sponte.
(b) A request by a party that the administrative law judge issue a subpoena will be deemed to be a motion, and must be made in compliance with 48 RCNY § 1-34 or 48 RCNY § 1-50, as appropriate; provided, however, that such a motion must be made on 24 hours' notice by electronic means or personal delivery of papers, including a copy of the proposed subpoena, unless the administrative law judge directs otherwise. The proposed subpoena may be prepared by completion of a form subpoena available from OATH. The making and scheduling of requests for issuance of subpoenas by telephone conference call to the administrative law judge or by electronic means is encouraged.
(c) Subpoenas must be served in the manner provided by § 2303 of the Civil Practice Law and Rules, unless the administrative law judge directs otherwise. The party requesting the issuance of a subpoena will bear the cost of service, and of witness and mileage fees, which will be the same as for a trial subpoena in the Supreme Court of the State of New York.
(d) In the event of a dispute concerning a subpoena after the subpoena is issued, informal resolution must be attempted with the party who requested issuance of the subpoena. If the dispute is not thus resolved, a motion to quash, modify or enforce the subpoena must be made to the administrative law judge.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)
(a) OATH will provide language assistance services to a party or their witnesses who are in need of such services to communicate at a trial or conference. All requests for language assistance must be made to OATH's calendar unit.
(b) A request for language assistance by telephone may be made at any time before the trial or conference.
(c) A request for in-person interpretation must be made at least five (5) business days before the trial or conference
(d) A request for sign language interpretation must be made at least three (3) calendar days before the trial or conference.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)
All parties, attorneys and other representatives are required to appear at OATH and to be prepared to proceed at the time scheduled for commencement of trial. Commencement of trial, or of any session of trial, will not be delayed beyond the scheduled starting time except for good cause as determined in the discretion of the administrative law judge. Absent a finding of good cause, and to the extent permitted by the law applicable to the claims asserted in the petition, the administrative law judge may direct that the trial proceed in the absence of any missing party or representative, render a disposition of the case adverse to the missing party, or take other appropriate measures, including the imposition of sanctions listed in 48 RCNY § 1-13(e). Relief from the direction of the administrative law judge may be had only upon motion brought as promptly as possible pursuant to 48 RCNY § 1-50 or § 1-52. The administrative law judge may grant or deny such a motion, in whole, in part, or upon stated conditions.
(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 10/13/2021, eff. 10/13/2021)
(a) Compliance with technical rules of evidence, including hearsay rules, will not necessarily be required. Traditional rules governing trial sequence will apply. In addition, principles of civil practice and rules of evidence may be applied to ensure an orderly proceeding and a clear record, and to assist the administrative law judge in the role as trier of fact. Traditional trial sequence may be altered by the administrative law judge for convenience of the parties, attorneys, witnesses, or OATH, where substantial prejudice will not result.
(b) The administrative law judge may limit examination, the presentation of testimonial, documentary or other evidence, and the submission of rebuttal evidence. The administrative law judge may accept testimony at trial by telephone or other electronic means, including video conferencing. Objections to evidence offered, or to other matters, will be noted in the transcript, and exceptions need not be taken to rulings made over objections. The administrative law judge may call witnesses, may require any party to clarify confusion, fill gaps in the record, or produce witnesses, and may question witnesses directly.
(1) A party, representative or attorney shall not offer information concerning a person's actual or perceived immigration status unless and until the administrative law judge reviews such information in chambers and determines that such information is relevant and not introduced solely to subject that person to harassment, intimidation, physical danger, or other harms in connection with the person's immigration status. Notwithstanding any other provision of this subdivision, a party may voluntarily introduce or authorize the introduction of information about his or her own immigration status.
(2) Any party, representative or attorney who offers immigration status information of a person not in compliance with paragraph one of this subdivision may be subject to sanctions pursuant to 48 RCNY § 1-13, and such information may be struck from the record.
(c) In the discretion of the administrative law judge, closing statements may be made orally or in writing. On motion of the parties, or sua sponte, the administrative law judge may direct written post-trial submissions, including legal briefing, proposed findings of fact and conclusions of law, or any other pertinent matter.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 4/23/2021, eff. 5/23/2021)
(a) A separate trial will not be held as to the penalty to be imposed or the relief to be granted in the event that the petition is sustained in whole or in part.
(b) In the event that a personnel file, abstract of a personnel file, driver record, owner record, or other similar or analogous file is not admitted into evidence at the trial on the merits, the administrative law judge, upon determining that the petition will be sustained in whole or in part, may request that the petitioner forward such file or record to the administrative law judge for consideration relative to penalty or relief. That request may be conveyed to the petitioner or the petitioner's representative ex parte and without further notice to the respondent. The petitioner must forward only the requested file or record, without accompanying material, and such file or record must include only material which is available from the petitioner for inspection by the respondent as of right. In his or her report and recommendation, the administrative law judge will refer to any material from such file or record relied on in formulating the recommendation as to penalty or other relief.
(Amended City Record 7/8/2016, eff. 8/7/2016)
(a) In reaching a decision, the administrative law judge may take official notice, before or after submission of the case for decision, on request of a party or sua sponte on notice to the parties, of any fact which may be judicially noticed by the courts of this state. Matters of which official notice is taken will be noted in the record, or appended thereto. The parties will be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by presentation of authority.
(b) Official notice may be taken, without notice to the parties, of rules published in the Rules of the City of New York or in The City Record. In addition, all parties are deemed to have notice that official notice may be taken of other regulations, directives, guidelines, and similar documents that are lawfully applicable to the parties, provided that any such materials that are unpublished are on file with OATH sufficiently before trial of the case to enable all parties to address at trial any issue as to the applicability or meaning of any such materials. Unpublished materials on file with OATH will be available for inspection by any party or attorney or representative of a party.
(Amended City Record 7/8/2016, eff. 8/7/2016)
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