Prehearing conference procedures

Under 1921.9(a) the hearing examiner may direct the parties to meet and consider specific matters listed in the rule, including simplification of issues, amendments to pleadings, stipulations, limitation of expert witnesses, and other matters to speed the case (1921.9(a)).

• The rule explicitly lists: simplification of the issues (1921.9(a)(1)); amendments to pleadings (1921.9(a)(2)); stipulations and admissions (1921.9(a)(3)); limiting expert witnesses (1921.9(a)(4)); and other matters that may expedite disposition of the proceeding (1921.9(a)(5)).

• Use a prehearing conference to narrow contested points, agree on facts and documents, and plan efficient testimony and evidence presentation.

Under 1921.9(a)(1) parties can use a prehearing conference to identify and narrow the disputed issues so the hearing focuses only on what is truly contested (1921.9(a)(1)).

• Agree on facts or limit legal theories to reduce hearing time.
• Identify which claims or defenses can be withdrawn or settled.
• Clarify what evidence will be necessary so both sides prepare efficiently.

Under 1921.9(a)(2) pleadings should be considered for amendment at a prehearing conference when changes would clarify, simplify, or limit the issues to be decided (1921.9(a)(2)).

• Amend pleadings to correct errors, narrow claims, or add facts that make the hearing more efficient.
• Use the conference to agree on language or to resolve objections to proposed amendments before the hearing.
• If parties agree to an amendment, the examiner may allow it to avoid surprise at trial.

Under 1921.9(a)(3) parties can make stipulations or admissions about facts, the contents and authenticity of documents, and similar matters to avoid proving undisputed issues at the hearing (1921.9(a)(3)).

• Examples include agreeing on dates, contract terms, or that a document is genuine.
• Stipulations cut down witness testimony and documentary proof needed at the hearing.
• Make sure stipulations are placed on the record so they are clear and enforceable.

Under 1921.9(a)(4) the hearing examiner may direct parties to discuss and limit expert witnesses to avoid duplication and unnecessary testimony (1921.9(a)(4)).

• The examiner can set a reasonable number of expert witnesses per side or restrict testimony to specific topics.
• Parties should identify proposed experts and their subject areas in advance.
• Limits help control hearing length and focus on the most useful expert opinions.

Under 1921.9(a)(5) "other matters" means any reasonable procedural or logistical issues that will help move the case along more quickly and efficiently (1921.9(a)(5)).

• Scheduling and time limits for testimony, exchange of exhibits, or deadlines for motions.
• Agreed deadlines for exchange of expert reports or witness lists.
• Procedures for handling confidential material or technology for remote testimony.

Under 1921.9 a prehearing conference may be directed either by the hearing examiner on their own motion or by a motion from any of the parties (1921.9(a)).

• Any party can move the examiner to schedule a conference if they believe it will help clarify or speed the case.
• The examiner also has authority to order a conference even without a party request.

Under 1921.9(b) the record must show which matters were disposed of by order and which were agreed to at the prehearing conference, because those actions will control how the case proceeds (1921.9(b)).

• Documenting agreements and orders on the record prevents later disputes about what was decided.
• The examiner’s subsequent handling of the case will follow those recorded actions.

Under 1921.9 agreements and matters disposed of by order at the prehearing conference control the subsequent course of the proceeding, so they are binding as recorded (1921.9(b)).

• If the agreement is put on the record or entered as an order, the parties must follow it during the proceeding.
• To change an agreed term later, a party generally needs permission from the hearing examiner.

Under 1921.9(a)(5) a prehearing conference can address scheduling and deadlines as "other matters" that will expedite disposition of the proceeding (1921.9(a)(5)).

• Use the conference to agree on dates for filing exhibits, witness lists, expert reports, and motions.
• The examiner can issue orders setting those deadlines, and they will control the course of the proceeding.

Under 1921.9 the rule does not require specific written materials, but parties should come prepared with documents and proposals because the conference focuses on clarifying and simplifying issues such as stipulations and amendments (1921.9(a)).

• Bring proposed stipulations, suggested amendments to pleadings, lists of witnesses (including experts), and proposed schedules.
• Providing written proposals to the examiner and opposing parties can make the conference more productive and the record clearer.

Under 1921.9(a)(4) the hearing examiner can limit expert witnesses and the scope of their testimony to avoid duplication and keep the hearing focused (1921.9(a)(4)).

• The examiner may restrict experts to specific subject areas or require consolidation of overlapping testimony.
• Parties should be ready to describe each expert’s intended testimony so the examiner can set appropriate limits.

Under 1921.9(b) the record must show what was disposed of by order and by agreement at the prehearing conference, and the hearing will follow those recorded actions, so the written record is the controlling proof of the agreement (1921.9(b)).

• Preserve a clear on-the-record statement of any agreement or order during the conference to avoid later disputes.
• If a disagreement arises later, refer to the recorded order or stipulated language entered into the record; alterations generally require the examiner’s approval.

Under 1921.9 the examiner may direct the parties or their counsel to meet for a prehearing conference, so the examiner can require counsel to attend in the place of the parties (1921.9(a)).

• Requiring counsel is common when technical legal or procedural issues are the focus.
• If a party’s personal attendance is necessary, the examiner should say so; otherwise counsel can represent the party’s interests.

Under 1921.9(a)(3) parties can stipulate to the authenticity and contents of documents during a prehearing conference, which removes the need to prove those documents at the hearing (1921.9(a)(3)).

• Agreed authenticity means the document can be admitted without testimony proving it is genuine.
• Put such admissions on the record or in a written stipulation to ensure they are enforceable and reduce hearing time.