4.4 - Prehearing Conferences

(a) Generally

At any reasonable time prior to a hearing, the ALJ may direct the parties or their representatives to participate in a prehearing conference.

A prehearing conference may be held upon motion or request of the party or in the ALJ’s discretion.

Prehearing conferences will usually be conducted by telephone or video teleconference, unless otherwise ordered by the ALJ.

Parties will be given reasonable notice of the time, place, and manner of the prehearing conference.

(b) Matters to be Considered at Prehearing Conferences

The following matters may be considered at prehearing conferences:

  • negotiation, compromise, settlement, or simplification of issues;
  • whether amendments to pleadings are necessary;
  • the possibility of obtaining stipulation of facts;
  • the possibility of obtaining stipulations of the authenticity, accuracy, and admissibility of documents;
  • the limitations on the number of expert or other witnesses;
  • the exchange of copies of proposed exhibits;
  • identification of documents or matters for which official notice may be requested;
  • a schedule to be followed by the parties for subsequent actions in the case;
  • disposition of pending motions; and
  • such other matters as may expedite or aid in the disposition of the case.

(c) Record of Prehearing Conferences

A verbatim record of a prehearing conference will ordinarily not be kept, unless the ALJ directs otherwise.

(d) Orders Following Prehearing Conferences

The ALJ will typically issue a written order summarizing actions taken as a result of a prehearing conference.

Updated July 31, 2022