SECTION 252:4-9-37. Prehearing conferences

(a)   General. The Administrative Law Judge may schedule and conduct prehearing conferences as necessary. The Administrative Law Clerk shall notify the parties of the scheduling of a prehearing conference. The Administrative Law Judge may hold a prehearing conference by telephone. On request, prehearing conferences shall be on the record.

(b)   Subjects. Prehearing conferences may address:

(1)   identification and simplification of issues, including the elimination of frivolous claims or defenses;

(2)   amendments to the pleadings;

(3)   the plan and schedule of discovery and limitations to be placed thereon;

(4)   identification of admissions of fact to avoid unnecessary proof and cumulative evidence;

(5)   the identification of witnesses and substance of testimony, exhibits, and documents;

(6)   the use of prehearing briefs and prefiled testimony in the form of sworn affidavits;

(7)   settlement of all or some of the issues before the hearing;

(8)   adoption of special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, novel or difficult legal questions, or evidence problems;

(9)   scheduling; and

(10)   such other matters as may aid disposition.

(c)   Schedules and orders. A prehearing conference may result in a scheduling or other prehearing order. Subsequent changes to any prehearing or scheduling order may be made by the Administrative Law Judge by modifying the order upon good cause shown.

[Source: Added at 18 Ok Reg 1922, eff 6-11-01]