10.36.03.04 Prehearing Procedures Flashcards
What is the purpose of a case resolution conference? What are the 4 specific goals of a prehearing conference? When and by whom are prehearing conferences (PHC) or case resolution conferences (CRC) set up?
The purpose of a case resolution conference is to attempt to settle the case. Prehearing conference goals include: 1) delineating the issues; 2) stipulating (that is, demanding or specifying) to facts, laws, and other matters; 3) arranging a schedule; 4) arranging for the submission of names of witnesses to be called and the subject matter of testimony to be presented in the hearing.
The Board may set a PHC or a CRC or BOTH upon motion of either party, or on its own motion.
What is “discovery on request”? What is the procedure for discovery on request?
A party may require another party to produce, within 15 days: 1) a list of witnesses to be called; 2) copies of documents intended to be produced at the hearing; or 3) both!
To do so, the party must file a written request (served on the other party) with the Board or with the Office of Administrative Hearings (OAH).
What is “mandatory discovery”? When must this occur?
When will the Board or the Office of Administrative Hearings (OAH) consider and decide on the sufficiency of the expert report?
Are parties entitled to discovery of any items other than those described in “discovery on request” and “mandatory discovery”?
Mandatory discovery means that each party shall provide the other party with: 1) the name and CV of any expert witness who will testify at the hearing; and 2) a detailed written report summarizing the expert’s testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.
This must occur not later than 15 days before the PHC, if scheduled, or 45 days before the scheduled hearing date (whichever is earlier).
The Board or OAH shall decide about the sufficiency of the report either: 1) at the PFC, if scheduled; or 2) immediately before the scheduled hearing. The Board or OAH shall exclude from the hearing the testimony of the expert and any report of the expert IF they find that the report is not sufficiently specific OR otherwise fails to comply with the requirements of 10.36.03.04. No, parties are not entitled to discovery of items other than as listed in DOR and MD.
What are the rules about disclosures of witnesses and documents? Absent unforeseen extraordinary services, when must witnesses/documents be added to the list?
Both parties have a continuing duty to supplement their disclosures of witnesses and documents. Witnesses/documents may NOT be added to the list: 1) after the PHC; 2) later than 15 days before the hearing, if a PHC is not scheduled. However, this prohibition against adding witnesses/documents does not apply to adding witnesses/documents for impeachment or rebuttal purposes.
When must all motions for a hearing be filed with the Board? What is the procedure?
All motions must be filed with the Board at least 15 working days before the hearing. All motions must be accompanied by a memo of points and authorities. A copy must be served on the opposing party. A response shall be filed with the Board at least 10 working days before the hearing and a copy served on the opposing party. The Board will entertain motions on the day of the hearing.
