Current through Register Vol. 54, No. 49, December 7, 2024
Section 1021.104 - Prehearing memorandum(a) A prehearing memorandum shall contain the following: (1) A statement of the facts in dispute and the facts upon which the parties agree.(2) A statement of the legal issues in dispute, including citations to statutes, regulations and caselaw supporting the party's position.(3) A description of scientific tests upon which the party will rely and a statement indicating whether an opposing party will object to their use.(4) A list of expert witnesses whose qualifications will not be challenged and which may be entered into the record as an unchallenged exhibit.(5) For each expert witness a party intends to call at the hearing, answers to expert interrogatories and a copy of any expert report provided under § 1021.101(a)(2) (relating to prehearing procedure). In the absence of answers to the expert interrogatories or an expert report, a summary of the testimony of each expert witness.(6) The proposed order of witnesses.(7) A list of the exhibits the party seeks to introduce into evidence and a statement indicating whether the opposing party will object to their introduction. A copy of each exhibit shall be attached.(8) Signed copies of any stipulations reached by the parties.(9) Other information as may be required by the Board's prehearing orders.(b) The Board may impose sanctions on a party which does not comply with the requirements of subsection (a). These sanctions may include the preclusion of testimony or documentary evidence and the cancellation of the hearing.(c) The requirements of this section apply only to a party's case-in-chief.The provisions of this § 1021.104 amended September 3, 1999, effective 9/4/1999, 29 Pa.B. 4683; amended June 28, 2002, effective 6/29/2002, 32 Pa.B. 3085; amended November 29, 2002, effective 11/30/2002, 32 Pa.B. 5883; amended February 10, 2006, effective 2/11/2006, 36 Pa.B. 709.