18. Hearing

  1. Video teleconference (VTC). 
    If an ALJ convenes an oral hearing to receive witness testimony or other evidence, it will be conducted by video teleconference (VTC).  The CRD staff will assist the parties in attempting to locate an appropriate VTC site or sites that are compatible with the CRD equipment and will notify the parties of the VTC location(s) as soon as a specific location has been confirmed.  Non-federal parties are encouraged to locate any possible VTC locations near them in an effort to minimize traveling time and distance to a more remote VTC location.
    1. Telephone alternative. 
      If no appropriate site can be located, an ALJ may direct that testimony be received by telephone. 
    2. Future modifications to hearing procedures. 
      The CRD may determine that it is necessary or appropriate to modify the technology used to conduct a hearing, and the ALJ may direct the parties to appear using that technology.
  2. Witnesses. 
    The federal party will call its proposed witnesses first, followed by the non-federal party calling its witnesses.  The ALJ may, in the interest of time, permit a non-federal witness to provide testimony between federal witnesses being called.  The ALJ will determine whether or not to apply Rule 615 of the Federal Rules of Evidence (sequestering witnesses) if a party requests sequestration and may permit certain consultant witnesses to remain present during the testimony of other witnesses.
  3. Transcript. 
    A court reporter service will prepare a written transcript of the hearing.  A transcript becomes part of the record that the ALJ uses to decide the case, but is not uploaded to DAB E-File until after the case is decided.  Federal parties obtain their transcripts via interagency agreement.  Non-federal parties can order transcripts from the court reporting service.  Non-federal parties will be provided with information prior to the hearing about how to order a transcript or they may contact the Civil Remedies Division at (202) 795-7490.  Video recordings are not prepared and are not available.
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