910 Ind. Admin. Code 1-9-1

Current through May 29, 2024

Section 910 IAC 1-9-1 - Prehearing conference; report; continuing duty to make discovery

Authority: IC 22-9-1-6

Affected: IC 22-9-1

Sec. 1.

(a) In the event that a public hearing is required under this article, the presiding officer may direct the parties, the attorneys for the parties, and, where appropriate, the commission's staff attorney to appear before him or her for a prehearing conference to consider the following:

(1) The simplification of the issues.

(2) The necessity or desirability of amendments to the pleadings.

(3) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof.

(4) A limitation of the number of expert witnesses.

(5) An exchange of names of witnesses to be called during the hearing and the general nature of their expected testimony.

(6) Such other matters as may aid in the disposition of the action.

(b) Unless otherwise ordered by the commission, a prehearing conference may be called at any time after the issuance of a finding of probable cause.

(c) Where a party is represented by counsel, at least one (1) attorney planning to take part in the hearing shall appear for such party and participate in the prehearing conference. Where, pursuant to this article, a complainant has elected to have the case in support of the complaint be presented by the commission's staff attorney, the commission's staff attorney may appear at the prehearing conference on behalf of such complainant. However, when a party chooses to proceed without counsel before the commission at a final hearing, that party shall appear personally at the prehearing conference.

(d) Unless otherwise ordered by the presiding officer, all attorneys who are required to participate in the prehearing conference shall meet and confer at least three (3) days prior to the prehearing conference, for the following purposes:

(1) Each attorney shall mark for identification and provide opposing counsel an opportunity to inspect and copy all exhibits which he or she expects to introduce at the hearing. Numbers or marks placed on such exhibits shall be prefixed with the symbol "P/H/C", denoting its prehearing conference designation. When the exhibit is introduced at the hearing of the case, the prehearing conference designation will be stricken. The exhibits must also indicate the party identifying such exhibits. Exhibits of such a nature as to prohibit or make impracticable their production at the prehearing conference shall be identified and notice given of their intended use. Necessary arrangements must be made to afford opposing counsel an opportunity to examine such exhibits.

(2) The parties shall prepare a written stipulation with reference to all exhibits exchanged or identified. The stipulation shall:

(A) contain all agreements of the parties with reference to the exchanged and identified exhibits; and

(B) set forth, without limitation, the following:

(i) The agreement of the parties with reference to the authenticity of the exhibits.

(ii) The admissibility of such exhibits as evidence.

(iii) The use of such exhibits in opening statements.

(iv) The provisions made for the inspection of identified exhibits. The original of the exhibit stipulations shall be presented to the presiding officer at the prehearing conference.

(3) The parties shall stipulate in writing with reference to all facts and issues not in genuine dispute. The original of the stipulations shall be presented to the presiding officer at the time of the prehearing conference.

(4) Attorneys for each of the parties shall furnish opposing counsel with a written list of the names and addresses of all witnesses then known. The original of each witness list shall be presented to the presiding officer at the time of the prehearing conference.

(5) If a party, other than a complainant who has elected to have the case in support of the complaint be presented by the commission's staff attorney, is not represented by counsel, he or she shall represent himself or herself at such a conference. The possibility of compromise settlement shall be fully discussed and explored.

(e) Each attorney shall completely familiarize himself or herself with all aspects of the case in advance of the conference of attorneys and shall be prepared to enter into stipulations with reference to as many facts and issues and exhibits as possible.

(f) It shall be the duty of counsel for the parties to arrange for the conference of attorneys at least ten (10) days in advance of the prehearing conference unless waived by the presiding officer.

(g) If, after the conference of the attorneys and before the prehearing conference, counsel discovers additional information required to be disclosed at the conference of attorneys, this information shall immediately be furnished to opposing counsel. The original of any such disclosures shall be presented to the presiding officer at the prehearing conference.

(h) If, following the prehearing conference or during hearing, counsel discovers additional exhibits or the names of additional witnesses, the same information required to be disclosed at the conference of attorneys shall immediately be furnished to opposing counsel. The original of any disclosures shall immediately be filed with the commission and shall indicate the date it was furnished to opposing counsel.

(i) If necessary or advisable, the presiding officer may adjourn the prehearing conference from time to time or may order additional prehearing conferences.

(j) The presiding officer shall issue a written order that:

(1) recites the action taken at each prehearing conference;

(2) recites the amendments allowed to the pleadings;

(3) recites the agreements made by the parties as to any of the matters considered; and

(4) limits the issues before the commission to those not disposed of by admission or agreement at the prehearing conference. Such order shall control the subsequent course of action unless modified thereafter to prevent manifest injustice. At the start of the hearing, after witnesses have been sworn and preliminary motions considered, the presiding officer may read into the record the order regarding the scope of the hearing. Objections to the order may be noted on the record for appeal purposes.

910 IAC 1-9-1

Civil Rights Commission; Rule 9, Sec 9.1; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 210; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1396; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA