Subchapter E. PREHEARING
Rule
899.501. Prehearing procedure.Rule 899.501. Prehearing procedure.
(a) Status conference.
(1) At the discretion of the Chief Administrative Judge, a status conference may be held within 120 days after the filing of the claim. The conference may be by telephone or in person. Matters to be considered at the conference include:
(i) Jurisdictional defects.
(ii) Prospects of amicable settlement.
(iii) Establishing a schedule for remaining prehearing proceedings including discovery deadlines and prehearing memoranda filings.
(2) A scheduling order will be issued as soon as practical after the conference.
(b) Prehearing memoranda. Prehearing memoranda shall be filed and served as directed by the Chief Administrative Judge in the scheduling order. Unless the scheduling order directs otherwise, the prehearing memorandum of each party shall include:
(1) A statement of the issues in the case.
(2) The identification and numbering of exhibits.
(3) A stipulation of facts not in dispute to be prepared jointly by the parties, which may include qualification of expert witnesses and admission of exhibits.
(4) Identification of witnesses who will appear at the hearing and a short summary of the testimony expected from each witness.
(5) Copies of expert witnesses’ final reports.
(c) Prehearing conferences and settlement conferences.
(1) The Chief Administrative Judge will determine the necessity for the scheduling of, and the procedures for, a prehearing or settlement conference. Notice of a conference will be given to counsel or unrepresented parties.
(2) The Chief Administrative Judge may dismiss the case, or enter judgment against a party for failing to participate in a prehearing conference or failing to provide the required memorandum.
(3) The Board may refuse to allow a party to call witnesses or offer evidence not disclosed at the prehearing conference or in the prehearing memorandum.
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