Okla. Admin. Code § 585:2-7-14

Current through Vol. 41, No. 24, September 3, 2024

Section 585:2-7-14 - Cases decided on disputed facts

At the pre-hearing conference, the parties shall notify the Board that they cannot stipulate to all relevant facts. The case shall then be set for hearing and shall be decided on disputed facts as follows:

(1)Statement of relevant facts. Ten (10) days before the hearing the parties shall jointly file a statement of relevant facts to which they can stipulate. At this time, each party shall also file a statement of relevant facts in dispute.

(2)List of exhibits. Ten (10) days before the hearing the parties shall stipulate to admissible exhibits and file a list of these exhibits. Exhibits stipulated to shall be admitted into evidence at the hearing. A list of the exhibits to which the party cannot stipulate and the opposing party's objections thereto shall also be filed. The proponent of the exhibits shall ask for the Board's ruling on their admissibility at the hearing.

(3)Witness list. Ten (10) days before the hearing each party shall file its final witness list. This list shall include the address and telephone number and statement of anticipated testimony of each witness.

(4)Exhibits. Seven (7) days before the hearing each party shall exchange and file the original and eight (8) copies of each exhibit.

(5)Brief filing; contents; format; size; filing date of certain motions.

(A) Seven (7) days before the hearing each party shall file a brief.

(B) Each brief shall contain:

(i) a brief background of the case and issues to be decided; and

(ii) a legal argument with citations to relevant legal authority.

(C) No brief shall be submitted that is longer than fifteen (15) typewritten pages without leave of the Board.

(D) The print style, including footnotes, shall not be less than ten (10) characters to an inch (i.e., 12 pitch font), and margins shall be a minimum of one inch on the top, bottom, and sides.

(E) Oversized briefs are not encouraged, and leave to file oversized briefs will not be freely given. A motion to file a brief in excess of fifteen (15) typewritten pages shall state the requested number of pages and shall be filed no later than three (3) days prior to the date the brief is due.

(F) Each party shall attach to that party's brief as an appendix a copy of significant legal authority cited in the brief not readily accessible by the Board such as federal statutes and court cases, NLRB cases, and treatises. The Board has ready access to Oklahoma statutes and cases decided by Oklahoma state courts and to previous Board decisions.

(6)Motions in limine. Seven (7) days before the hearing each party shall file any motions in limine.

(7)Presentation time by parties at hearing. At the hearing, each party will be given one (1) hour to present evidence and twenty (20) additional minutes that may be divided between opening and closing statements, unless otherwise extended by the Board. Requests for additional time shall be made at least seven (7) days before the hearing. Requests for additional time are not encouraged, and leave for additional time will not be freely given.

(8)Refiling statement of disputed facts. Within fifteen (15) days after the hearing, each party shall refile its statement of disputed facts with citations to the record added for each disputed fact. If a party briefs a legal issue(s) not previous briefed by the opposing party, within fifteen (15) days after the hearing, the opposing party may also file a response brief not to exceed five (5) pages in length.

Okla. Admin. Code § 585:2-7-14

Added at 24 Ok Reg 1630, eff 6-11-07¹

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

¹See Editor's Note at beginning of this Chapter.