HAR §12-47-22
HAR §12-47-22. Pretrial order
Length: 276 wordsOfficial source
Cite as Haw. Code R. § 12-47-22
(a) When an initial conference is
held, the board may enter a pretrial order which recites the action
taken at the conference, including:
(1)
The agreements made by the parties as to any of the
matters considered;
(2)
The issues for hearing not otherwise disposed of by
stipulation or agreement of the parties; and
(3)
The discovery deadlines.
(b) When the pretrial order establishes discovery deadlines,
the specified deadline means as follows:
(1)
Unnamed witness means identification of the name and
address of an individual not previously identified in the
party's pretrial statement.
(2)
Live witness means identification of individuals
previously identified in the party's pretrial statement or
unnamed witness statement, and who the party, in good
faith, intends to have testify at trial. An individual
not identified in the party's live witness statement shall
not be allowed to testify at trial.
(3)
Medical report deadline means the date that all medical
reports or records shall be filed at the board.
(4)
Discovery deadline means the date that all non-medical
documents or records shall be filed at the board, except
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that the transcript of an oral deposition of any
individual conducted before such deadline may be filed
after such deadline.
(c)
The pretrial order shall control the subsequent course of
the appeal, unless modified by the board at the trial or prior
thereto to prevent manifest injustice. The pretrial order shall
supersede the pleadings where there is any conflict and shall
supplement the pleadings in all other respects.
(d)
The board may impose administrative sanctions as described
in section 12-47-48 for noncompliance with the board's order. [Eff
] (Auth: HRS §371-4) (Imp: HRS §371-4)