Rule 2 - General Provisions(a) Applicability. This rule applies in all proceedings under these rules, except as modified by provisions of the rules pertaining to particular proceedings. (b) Coordination of Proceedings. On motion of a party, or on the court's own motion, where the same violation or project involves multiple proceedings that have resulted or may result in separate hearings or appeals in the Environmental Court, or where different violations or projects involve significant common issues of law or fact, the court may advance, defer, coordinate, or combine proceedings and may make other orders that will promote expeditious and fair proceedings and avoid unnecessary costs or delay. (c) Discovery. Unless the parties otherwise agree, the court in a pretrial order issued under paragraph (d)(3) of this rule shall establish the type, sequence, and amount of discovery available under Rules 26 - 37 of the Vermont Rules of Civil Procedure, limiting the discovery permitted to that which is necessary for a full and fair determination of the proceeding. (d) Pretrial Conference and Order.(1) The court shall hold a pretrial conference as soon as possible after the filing of the last pretrial memorandum required in a review of an administrative order or the last statement of questions required in an appeal or the time for filing either has passed. The court may hold subsequent conferences, on its own motion or at the request of a party, as necessary to promote the expeditious and fair disposition of the proceeding. Any conference may be scheduled by the court to be held by telephone. All unrepresented parties and counsel for all represented parties must attend all conferences. Unless a party or counsel is excused by the court in advance of the scheduled date, failure to attend a conference may result in sanctions, including dismissal of the appeal or entry of default. The judge shall preside at the initial conference but may assign the case manager to conduct all, or specific portions, of any subsequent conference and report to the judge on any matters agreed upon and any matters in dispute. Motions may be scheduled to be heard at any conference held by the judge, and any conference or motion hearing may be recorded by audiotape or other electronic means with leave of the court. (2) At the initial conference, the following matters shall be considered, if applicable, and appropriate schedules shall be established: (i) the status of any stay that has previously been granted; (ii) issues of intervention and party status; (iii) whether to advance, defer, coordinate, or combine proceedings pursuant to subdivision (b) of this rule; (iv) whether to allow clarification of the statement of questions; and (v) the potential for dismissal of all or some issues or for summary judgment or other disposition of any legal issue or issues before trial. At the initial or any subsequent conference, the following additional matters shall be considered, if applicable: (vi) whether to narrow the issues to be heard; (vii) the appropriate type, sequence and amount of discovery; (viii) the use of prefiled evidence and expert witnesses; (ix) whether a site visit is needed; (x) the use of alternative dispute resolution or other means of expediting the proceeding; and (xi) any other matter necessary to the expeditious and fair disposition of the proceeding. (3) In every case, the court shall issue one or more written orders under Rules 16, 16.2, or 26(f) of the Vermont Rules of Civil Procedure, as appropriate. The order or orders shall, at a minimum: (i) dispose of any issues determined at the conference and set a date for the hearing and disposition of any other pending issues raised; (ii) state the type, sequence, and amount of discovery to be conducted and provide a plan and schedule for the completion of discovery; (iii) affirm a schedule for any alternative dispute resolution process ordered or agreed upon under V.R.C.P. 16.3; (iv) if prefiled evidence is to be used, contain appropriate orders concerning its use; (v) contain appropriate orders concerning the use of expert testimony at trial; (vi) contain appropriate orders governing a site visit, if any is to be conducted; and (vii) contain appropriate orders concerning trial scheduling. (e) Evidence.(1)Rules of Evidence. The Vermont Rules of Evidence shall be followed in all matters within the original jurisdiction of the court and in all appeals by trial de novo, except that evidence, not privileged, that is not admissible under the Rules of Evidence may be admitted in the discretion of the court if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. (2)Prefiled Evidence.(A) Except as provided in subparagraph (B) of this paragraph, prefiled evidence may be admitted as ordered by the court in a pretrial order issued pursuant to paragraph (d)(3) of this rule when a hearing will be expedited and the interests of the parties will not be prejudiced substantially. (B) Prefiled testimony and related exhibits will be admitted only if the witness is present and available for cross-examination, unless the court and the parties otherwise agree or the witness is unavailable as defined in Rule 804(a) of the Vermont Rules of Evidence. (3)Site Visits. One or more site visits may be conducted when appropriate to assist the court in rendering a decision. Added Dec. 21, 2004, eff. 2/21/2005; amended Jan. 25, 2005, eff. 1/31/2005.