216 R.I. Code R. 216-RICR-10-05-4.12

Current through December 26, 2024

Section 216-RICR-10-05-4.12 - Pre-Hearing Conferences

4.12.1Pre-Hearing Conference

A. In any proceeding, the AHO may require the parties to appear for a pre-hearing conference prior to the scheduled commencement of the hearing to consider:

1. The simplification or clarification of the issues;

2. The possibility of obtaining stipulations, admissions, agreements on documents, understanding on matters already of record, or similar agreement which will avoid unnecessary proof;

3. The identification and limitation of; the number of witnesses, expert witnesses and avoidance of similar cumulative evidence, if the case is to be heard;

4. The possibility of agreement disposing of all or any of the issues in dispute; and

5. Consideration of outstanding motions and status of settlement negotiations, if any;

6. Any matters pertaining to exchange of information;

7. Scheduling of hearings and such other matters as may aid in the disposition of the contested hearing or the other matters under consideration.

B. All parties attending the pre-hearing conference shall be fully prepared to discuss all matters involved in the proceedings.

C. The AHO may require the parties to submit the following at the commencement of the prehearing conference:

1. Any stipulations of fact which have been agreed upon in advance;

2. A concise summary of each party's position;

3. A list of exhibits and expert witnesses. Anticipated objections to various exhibits shall be submitted to the AHO no later than five (5) business days prior to the scheduled hearing. Every proposed exhibit to which objection shall be made at hearing shall be marked for identification, and a schedule of those exhibits shall be prepared, along with summary notations of anticipated objections by a party, e.g. "privilege", "authenticity", "hearsay", etc. A party shall not be permitted, except in the discretion of the AHO, to introduce into evidence in said party's direct case exhibits which are not filed in accordance with the order;

4. A list of pending motions which require action prior to the hearing;

5. The names and address of witnesses each party intends to produce in its direct case.

D. Submission Without a Hearing. Any party may elect to waive a hearing and to submit its case upon the record. Submission of a case without a hearing does not relieve the parties from the necessity of providing the facts supporting their burdens, allegations or defenses.

216 R.I. Code R. 216-RICR-10-05-4.12

Amended effective 1/9/2022