Appendix I to Part 511 - Final Prehearing Order
49:6.1.2.3.5.8.1.9.1 : Appendix I
Appendix I to Part 511 - Final Prehearing Order Case Caption Final
Prehearing Order
A prehearing conference was held in this matter pursuant to Rule
21 of the Administration's Rules of Practice for Adjudicative
Proceedings, on the __________ day of __________, 19__, at __
o'clock _ M.
Counsel appeared as follows:
For the Administration staff: For the Respondent(s): Others:
1. NATURE OF ACTION AND JURISDICTION.
This is an action for __________ and the jurisdiction of the
Administration is involved under Section __ of Title __ U.S.C. The
jurisdiction of the Administration is (not) disputed. The questions
of jurisdiction was decided as follows:
2. STIPULATIONS AND STATEMENTS.
The following stipulations and statements were submitted,
attached to, and made a part of this order:
(a) A comprehensive written stipulation or statement of all
uncontested facts;
(b) A concise summary of the ultimate facts as claimed by each
party. (Complaint Counsel must set forth the claimed facts,
specifically; for example, if violation is claimed, Complaint
Counsel must assert specifically the acts of violation complained
of; each respondent must reply with equal clarity and detail.)
(c) Written stipulations or statements setting forth the
qualifications of the expert witnesses to be called by each
party;
(d) A written list or lists of the witnesses whom each party
will call, a written list or lists of the additional witnesses whom
each party may call, and a statement of the subject on which
each witness will testify;
(e) An agreed statement of the contested issues of fact and of
law, and/or separate statements by each party or any contested
issues of fact and law not agreed to;
(f) A list of all depositions to be read into evidence and
statements of any objections thereto;
(g) A list and brief description of any charts, graphs, models,
schematic diagrams, and similar objects that will be used in
opening statements or closing arguments, but will not be offered in
evidence. If any other such objects are to be used by any party,
they will be submitted to opposing counsel at least three days
prior to hearing. If there is then any objection to their use, the
dispute will be submitted to the Presiding Officer at least one day
prior to hearing;
(h) Written waivers of claims or defenses which have been
abandoned by the parties.
The foregoing were modified at the pretrial conference as follows:
[To be completed at the conference itself. If none, recite “none”]
3. COMPLAINT COUNSEL'S EVIDENCE.
3.1 The following exhibits were offered by Complaint Counsel,
received in evidence, and marked as follows:
[Identification number and brief description of each exhibit] The
authenticity of these exhibits has been stipulated.
3.2 The following exhibits were offered by the Complaint Counsel
and marked for identification. There was reserved to the
respondent(s) and party intervenors, if any, the right to object to
their receipt in evidence on the grounds stated:
[Identification number and brief description of each exhibit. State
briefly ground of objection, e.g., competency, relevancy,
materiality]
4. RESPONDENT'S EVIDENCE.
4.1 The following exhibits were offered by the respondent(s),
received in evidence, and marked as herein indicated:
[Identification number and brief description of each exhibit] The
authenticity of these exhibits has been stipulated.
4.2 The following exhibits were offered by the respondent(s) and
marked for identification. There was reserved to Complaint Counsel
and party intervenors, if any, the right to object to their receipt
in evidence on the grounds stated:
[Identification number and brief description of each exhibit. State
briefly ground of objection, e.g., competency, relevancy,
materiality]
5. ADDITIONAL ACTIONS.
The following additional action was taken: [Amendments to
pleadings, agreements of the parties, disposition of motions,
separation of issues of liability and remedy, etc., if necessary]
6. LIMITATIONS AND RESERVATIONS.
6.1 Each of the parties has the right to further supplement the
list of witnesses not later than ten (10) days prior to trial by
furnishing opposing counsel with the name and address of the
witness and general subject matter of his or her testimony and
filing a supplement to this pretrial order. Thereafter additional
witnesses may be added only after application to the Presiding
Officer, for good cause shown.
6.2 Rebuttal witnesses not listed in the exhibits to this order
may be called only if the necessity of their testimony could not
reasonably be foreseen ten (10) days prior to trial. If it appears
to counsel at any time before trial that such rebuttal witnesses
will be called, notice will immediately be given to opposing
counsel and the Presiding Officer.
6.3 The probable length of hearing is ____ days. The hearings
will be commenced on the __ day of _____, 19__, at __ o'clock _ M.
at (location) _____.
6.4 Prehearing briefs will be filed not later than 5:00 p.m. on
____. (Insert date not later than ten (10) days prior to hearing.)
All anticipated legal questions, including those relating to the
admissibility of evidence, must be covered by prehearing
briefs.
This prehearing order has been formulated after a conference at
which counsel for the respective parties appeared. Reasonable
opportunity has been afforded counsel for corrections or additions
prior to signing. It will control the course of the hearing, and it
may not be amended except by consent of the parties and the
Presiding Officer, or by order of the Presiding Officer to prevent
manifest injustice.
(Presiding Officer's Name) (Presiding Officer's Title) APPROVED AS
TO FORM AND SUBSTANCE Date: _____. Complaint Counsel. Attorney for
Respondent(s). Note:
Where intervenors appear pursuant to § 511.17 the prehearing
order may be suitably modified; the initial page may be modified to
reflect the intervention.