Prehearing Conferences

PURPOSE: This rule describes the setting and subject matter of the prehearing conference. (1) Setting. (A) In proceedings before the commissioner all prehearing conferences shall be held within thirty (30) days of the hearing order issued by the commissioner, unless continued by the commissioner for good cause. (B) In proceedings before the Administrative Hearing Commission, any party or legal counsel may petition the Administrative Hearing Commission to hold a prehearing conference at a time prior to the setting of a conference by order of the commission. (C) The legal counsel who will actually handle the hearing shall be present at all prehearing conferences, unless excused by the commissioner or Administrative Hearing Commission. Parties to an action may appear in person with counsel at a prehearing conference. (2) Subject Matter. (A) Legal counsel for all parties shall attend the prehearing conference and be prepared to discuss the following items: 1. The simplification of the issues; 2. The necessity or desirability of amendments to the pleadings; 3. The possibility of obtaining admission of fact and of documents which will avoid unnecessary proof; 4. The limitation of the number of expert and character witnesses; 5. A discovery schedule, if necessary for the orderly administration of the proceeding; 6. The manner and conditions upon which depositions can be taken; 7. Schedule for disposition of any prehearing motions that have been filed; 8. The anticipated length of the hearing and the time and location of conducting the hearing; and 9. Other matters as may aid in the disposition of the action. AUTHORITY: section 409.6-605, RSMo Supp. 2003.* Original rule filed Aug. 11, 1978, effective Feb. 11, 1979. Rescinded and readopted: Filed Nov. 1, 2001, effective May 30, 2002. Emergency amendment filed Aug. 29, 2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. *Original authority: 409.6-605, RSMo 2003.