Prehearing Conferences

PURPOSE: This rule describes the procedures and scope of prehearing conferences. (1) The presiding officer may hold prehearing conferences for the purpose of facilitating the hearing process, ruling on motions and making other determinations as may be necessary for the efficient functioning of the hearing process. (2) These prehearing conferences may be held by telephone conference call unless the presiding officer shall decide an in-person conference is required. (3) The purpose of the prehearing conference may be to— (A) Determine the date, location, and length of the hearing; (B) Simplify the issues; (C) Obtain admissions as to, or stipulations of, facts not remaining in dispute, or authenticate documents which might properly shorten the hearing; (D) Determine and discuss the status of discovery; and (E) Determine other matters as may properly be dealt with to aid in expediting the orderly conduct and disposition of the proceeding. (4) All parties will be expected at the prehearing conference to be fully prepared for a useful discussion of all problems involved in the proceeding, both procedural and substantive and be fully authorized to make commitments with respect to all problems. This preparation should include, among other things, advance study of all relevant material and advance informal communication between the participants, including requests for additional data and information, to the extent it appears feasible and desirable. Failure of a party to participate in the prehearing conference, after being served with due notice of the time and place shall preclude the party from objecting to agreements reached, if any, and any order or ruling with respect to the agreements. Agreements, orders or rulings, for good cause shown, may be set aside at any time before the date of hearing of the case, upon terms as shall be just. (5) The presiding officer at any conference may determine and rule upon any matters which s/he is authorized to rule upon during the course of the proceeding. In addition, where it appears that the proceeding would be substantially expedited by distribution of proposed exhibits reasonably in advance of the hearing, the presiding officer at his/her discretion and with due regard for the convenience and necessity of the parties, may direct advance distribution by a prescribed date. The rulings of the presiding officer made at any conference shall control the subsequent course of the hearing, unless modified for good cause shown. AUTHORITY: section 213.030, RSMo 2016, and section 213.075, RSMo Supp. 2017.* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed April 27, 2018, effective Nov. 30, 2018. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1993, 1995, 1998 and 213.075, RSMo 1986, amended 1992, 2017.