29 C.F.R. § 18.80

Prehearing statement

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(a) Time for filing. Unless the judge orders otherwise, at least 21 days before the hearing, each participating party must file a prehearing statement.

(b) Required conference. Before filing a prehearing statement, the party must confer with all other parties in good faith to:

(1) Stipulate to the facts to the fullest extent possible; and

(2) Revise exhibit lists, eliminate duplicative exhibits, prepare joint exhibits, and attempt to resolve any objections to exhibits.

(c) Contents. Unless ordered otherwise, the prehearing statement must state:

(1) The party's name;

(2) The issues of law to be determined with reference to the appropriate statute, regulation, or case law;

(3) A precise statement of the relief sought;

(4) The stipulated facts that require no proof;

(5) The facts disputed by the parties;

(6) A list of witnesses the party expects to call;

(7) A list of the joint exhibits;

(8) A list of the party's exhibits;

(9) An estimate of the time required for the party to present its case-in-chief; and

(10) Any additional information that may aid the parties' preparation for the hearing or the disposition of the proceeding, such as the need for specialized equipment at the hearing.

(d) Joint prehearing statement. The judge may require the parties to file a joint prehearing statement rather than individual prehearing statements.

(e) Signature. The prehearing statement must be in writing and signed. By signing, an attorney, representative, or party makes the certifications described in § 18.50(d).

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Sun Valley Orchards, LLC v. U.S. Dep't of Labor (D.N.J. 2023).
Sun Valley Orchards, LLC v. U.S. Dep't of Labor (D.N.J. 2023). “]” 29 C.F.R. §18.80 (c)(2). Because issue exhaustion was required and Sun Valley bore the responsibility to develop issues for the adjudicator’s consideration and failed to raise its Appointments Clause and Removal Power objections in the agency proceedings, the claims are…”
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