Pre-Hearing Procedures and Discovery

Pre-Hearing Procedures and Discovery. Parties to a hearing shall exchange in writing the following information on or before the fortieth (40th) calendar day before the first date of the hearing: A. A list of proposed issues that the parties reasonably believe shall be the subject of the hearing; B. A list of witnesses, including full name, address, telephone number, whether fact or expert, and a brief summary of the matters on which the witness is expected to testify; C. A true and correct copy of every document anticipated to be introduced at the hearing (except those introduced solely for rebuttal); D. Copies of underlying documentation supporting the admissibility of charts, graphs, compilations, and professional and expert reports (except where privileged), produced for inspection if reasonable and exchanged if reasonably necessary; and E. A true and correct copy of every subpoena sought from non-parties, with documents received from non-parties in response to subpoenas to be furnished to all other parties no later than twenty (20) calendar days before the hearing. All documents should be pre-marked for admission into evidence. Parties are under a continuing duty to supplement this exchange; final supplementation shall be completed no later than the twentieth (20th) calendar day before the first day of the hearing. On or before the twentieth (20th) calendar day before the first day of the hearing, parties shall exchange proposed pre-hearing orders. The pre-hearing order shall be agreed upon and entered by the hearing officer on or before the tenth (10th) calendar day before the hearing. If agreement cannot be reached, the hearing officer shall adjudicate a pre-hearing order by the same deadline. The pre-hearing order shall include: the order of proof; a list of witnesses for each party; a statement that the parties have reached agreement as to pre-marked documents and that there is no question as to their authenticity and admissibility; a brief list and summation of the issues to be tried; any stipulations; and any other matters the parties agree upon or the hearing officer requires.