250 R.I. Code R. 250-RICR-10-00-1.15

Current through November 7, 2024

Section 250-RICR-10-00-1.15 - Prehearing Conference

A. The AHO shall require the parties to appear for a prehearing conference at least seven (7) days 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 limitation of the number of expert witnesses, or 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. Such other matters as may aid in the disposition of the adjudicatory proceeding.

B. The parties may meet prior to the initial prehearing conference to exchange and consider all documentary exhibits. As to those admissible without objection, counsel shall affix sequential numbers and shall prepare a descriptive list in numerical order of all such exhibits. The parties may also consider the qualification of expert witnesses and as to those who may be qualified without objection, counsel shall prepare a list of such qualified persons and the precise area of agreed qualification.

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

1. A typed or printed list of each party's proposed witnesses and their addresses with a brief statement of each witness' anticipated testimony; specialization areas for proposed expert witnesses; and the precise area of qualification for agreed experts.

2. A typed or printed list of each party's proposed exhibits which provides the following information:

a. A description of each document.

b. Identification of the document by reference to the offering party and assignment of a number in sequential order.

c. Indication whether the document has been agreed to be admitted as a full exhibit or is to be marked for identification.

3. The actual exhibits identified and marked as indicated above.

4. A typed or printed statement of proposed stipulated facts and agreed issues to be considered at the hearing signed by the parties.

5. A typed or printed statement of any additional issues which a party determines should be considered at the hearing.

D. At the prehearing conference, the AHO and parties shall specify the burden of proof for the hearing and that standard shall be announced on the record. In matters in which a violation is alleged the burden of proof shall be on the Division. In matters in which a permit or application denial is at issue the burden shall rest with the applicant.

E. All preliminary motions (including but not limited to Motions for Summary Judgment, Motions to Dismiss, Motions to Suppress or Exclude Evidence, Motions for Protective Orders and Motions in Limine) must be in writing and received by the AHO by the date of the prehearing conference.

F. A party shall not be permitted to introduce into evidence in said party's direct case exhibits which are not filed with the party's prehearing memorandum.

G. Upon the conclusion of the prehearing conference, the AHO may in his or her discretion, enter an order reciting the concessions and agreements made by the parties and summarizing the status of exhibits and witnesses.

250 R.I. Code R. 250-RICR-10-00-1.15