Prehearing Conferences

PURPOSE: This rule describes the setting and subject matter of the prehearing conference. (1) Setting. (A) In proceedings before the director all prehearing conferences shall be held within thirty (30) days of the hearing order issued by the director, unless continued by the director for good cause. (B) If legal counsel is retained to represent any party, that counsel shall be present at any prehearing conferences, unless excused by the director. Parties to a proceeding may appear in person with counsel at a prehearing conference. (2) Subject Matter. (A) All parties or counsel shall appear and be prepared to discuss the following items: 1. The simplification of issues; 2. The necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation; 3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; 4. The limitation of the number of 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 propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits; 9. Other matters that may aid in the simplification of the evidence and disposition of the proceeding; and 10. The anticipated length, time and location of the hearing. (B) Opportunity shall be afforded all parties to be represented by legal counsel and to dispose of the case by stipulation, agreed settlement or consent order, unless otherwise precluded by law. Any stipulation, agreed settlement or consent order reached before a final determination by the director, shall be submitted in writing to the director and shall become effective only if issued or approved by the director. (C) Only if the director orders or all parties to the matter consent, shall a record of the prehearing conference be kept. It must be certified to by the parties, and then filed in the record being developed by the director. AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008. *Original authority: 354.120, RSMo 1973, amended 1983, 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo 2007.