Okla. Admin. Code § 165:5-11-2

Current through Vol. 42, No. 3, October 15, 2024

Section 165:5-11-2 - Prehearing conference

(a)Objective. The Commission, with or without request of any party of record, may order the parties of record or their attorneys to appear at a designated time for a prehearing conference. The conference shall be attended by the parties of record or their attorneys who have full knowledge of the cause and who have authority to bind their clients by stipulations. The conference shall meet to consider:

(1) Simplification of the issues and amendments to documents.

(2) Presentation of issues of law, adjudication of which may simplify or eliminate issues of fact.

(3) Admissions and stipulations of fact which will avoid unnecessary evidence and testimony. No stipulation, settlement or agreement between the parties of record, their attorneys, or representatives, with regard to any matter involved in any cause shall be enforced unless it shall have been reduced to writing and signed by the parties of record or the representatives authorized by these rules to appear for them, and thereafter made a part of the record or unless it shall have been dictated into the record by them during the course of a hearing, or incorporated into an order bearing their written approval. This Section shall not limit a party of record's ability to waive, modify or stipulate any right or privilege afforded by the rules of this Chapter, unless precluded by law.

(4) Identification of documents to be offered at the hearing.

(5) Identification of and numerical limit upon experts and other witnesses.

(6) Discovery and production of documents, records, data and other information.

(7) Audit, investigation and visitation by the Commission or its representatives.

(8) Other matters as may aid in trial of the cause.

(b)Notice. Notice of the time and place of a prehearing conference shall be as prescribed by order of the Commission and shall be served by regular mail, facsimile, electronic mail or in person upon all parties of record by the person requesting the prehearing conference or by the Commission.

(c)Preliminary order. Actions taken at the prehearing conference may be embodied in a preliminary order, which order shall control subsequent proceedings in the cause and shall be binding on all parties of record, whether or not present, unless modified to prevent manifest injustice.

Okla. Admin. Code § 165:5-11-2

Amended at 27 Ok Reg 2098, eff 7-11-10