46 C.F.R. § 502.210

Prehearing statements

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(a) Unless a waiver is granted by the presiding officer, it is the duty of all parties to a proceeding to prepare a statement or statements at a time and in the manner to be established by the presiding officer provided that there has been reasonable opportunity for discovery. To the extent possible, joint statements should be prepared.

(b) The prehearing statement must state the name of the party or parties on whose behalf it is presented and briefly set forth the following matters, unless otherwise ordered by the presiding officer:

(1) Issues involved in the proceeding.

(2) Facts stipulated pursuant to the procedures together with a statement that the party or parties have communicated or conferred in a good faith effort to reach stipulation to the fullest extent possible.

(3) Facts in dispute.

(4) Witnesses and exhibits by which disputed facts will be litigated.

(5) A brief statement of applicable law.

(6) The conclusion to be drawn.

(7) Suggested time and location of hearing and estimated time required for presentation of the party's or parties' case.

(8) Any appropriate comments, suggestions, or information which might assist the parties in preparing for the hearing or otherwise aid in the disposition of the proceeding.

(c) The presiding officer may, for good cause shown, permit a party to introduce facts or argue points of law outside the scope of the facts and law outlined in the prehearing statement. Failure to file a prehearing statement, unless waiver has been granted by the presiding officer, may result in dismissal of a party from the proceeding, dismissal of a complaint, judgment against respondents, or imposition of such other sanctions as may be appropriate under the circumstances.

(d) Following the submission of prehearing statements, the presiding officer may, upon motion or otherwise, convene a prehearing conference for the purpose of further narrowing issues and limiting the scope of the hearing if, in his or her opinion, the prehearing statements indicate lack of dispute of material fact not previously acknowledged by the parties or lack of legitimate need for cross-examination and is authorized to issue appropriate orders consistent with the purposes stated in this section. [Rule 210.]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1992–2025 · leading case: The Gov't of the Territory of Guam v. Sea-Land Serv., Inc. & Sea-Land Motor Freight, Inc., 958 F.2d 1150 (D.C. Cir. 1992).

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The Gov't of the Territory of Guam v. Sea-Land Serv., Inc. & Sea-Land Motor Freight, Inc., 958 F.2d 1150 (D.C. Cir. 1992). “46 C.F.R. § 502.210 (b) (1991). Guam so notified the FMC.”

MSC Mediterranean Shipping Co. S.A. v. FMC, 141 F.4th 222 (D.C. Cir. 2025). “743, 758 (2002) (observing generally that “a party failing to obey discovery orders” in FMC proceedings “is subject to a variety of sanctions, including the entry of default judgment” (citing 46 C.F.R. § 502.210 (a); FED. R. CIV. P. 37(b)(2))).”

In re the Petition for the Enf't of a Subpoena Issued to Delaware River Stevedores, 178 F.R.D. 51 (E.D. Pa. 1997). · cites it 5× “In the present matter, DRS has given four reasons that the subpoenas should be quashed: (1) Holt’s petition for enforcement was not filed within the 20-day period required by FMC rules, under 46 C.F.R. § 502.210 (b); (2) the subpoena requests the disclosure of information that…”

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