DOAH Practice Tips

A

100

What DCA case citations are ALJs looking for?

First (1st)

200

What does OPI stand for?

Order for prehearing instructions

300

DOAH relies on the ________-evidence rule. (Hint: 120.569(g)(2))

Any

400

All motions, except a motion to dismiss, MUST include ______

a certification that the movant has consulted with each party

500

DOAH does not have the ability to hold someone in _______, and DOAH cannot enforce _______ (you'd have to go to circuit court to enforce those).

Contempt ..... Subpoenas

B

100

True/False: The rule of sequestration does not apply to opening statements.

True

200

DOAH only accepts paper and mail filings/exhibits from ______.

pro se non-attorneys

300

Rule 1.280: This rule changed in 2025 and it now imposes a duty to _______ discovery.

supplement

400

If an expert witness is relying on assumptions, be prepared to present a ______ basis.

factual

500

Daubert: Generally, ALJs use Daubert, not for exclusionary purposes, but instead as a way to determine how much ________ to assign expert testimony.

weight

C

100

True/False: The rules of privilege do not apply at DOAH.

False

200

DOAH has newly been tasked with addressing this type of case.

Citizens Property Insurance Disputes

300

Ensure that your discovery requests/motions are narrowly ______ to the matter at issue.

tailored

400

What form of expert testimony is more effective than a deposition in lieu of testimony at the final hearing.

in person/zoom

500

A visual _______ would be helpful to the ALJ if the case has a lengthy permitting or enforcement history.

timeline

PRO 1

100

_{What is the page limit on PROs?}

40 pages

200

Be sure to number the __________ in your PRO for the purpose of citation references in the RO.

paragraphs

300

If you ask for an extension on the 10-day time frame to submit your PRO, the ALJ is no longer bound by the ___-day requirement for a RO.

30

400

The Statement of Issue should NOT be an ______?

Argument/argumentative

500

Reminder from ALJ: In the Preliminary Statement, include whether something was _________.

proffered 

PRO 2

100

ALJs actually do check ______ citations.

Record

200

ALJ's don't like _____-sided PROs because it makes it difficult to reconcile the facts.

one

300

In the Preliminary Statement, establish which ______ of the rule applies to avoid putting the year after every reference.

version

400

If you are drawing an ________, state that you are doing so.

Inference

500

If you have cited to hearsay evidence, also cite to the _______, _______ evidence.

Corroborating non-hearsay