Rule 5-3-5-3.0 - Formal Docket Number Assigned Each matter coming before the Commissioner shall be assigned a concise title that is descriptive and a unique cause number, and be docketed accordingly. Thereafter, all submissions related to the Hearing shall bear the title and docket number and shall be included on the Commissioner's pre-hearing docket and made part of the Record.
3.1; Submissions to the Commissioner related to the Hearing shall be on 8 1/2" x 11" standard white paper, or as otherwise deemed appropriate and allowed by the Commissioner. The parties' submissions shall be typed and double-spaced unless impractical and otherwise allowed by the Commissioner.3.2 Amendments; The Commissioner in his/her sole discretion, under such conditions as the Commissioner may prescribe, may allow any pleading, application, motion or other paper filed in a Hearing proceeding to be amended, corrected or otherwise supplied with an omission.3.3 Scheduling; The Commissioner may call an in-person Scheduling Conference with counsel for the respondents and counsel for the Department in order to establish hearing guidelines, clarify issues, and set deadlines to complete any action items prior to the hearing. A scheduling order may be adopted by the Commissioner thereafter. The deadlines set are at the sole discretion of the Commissioner and may include, but are not limited to, the following: * Initial exchange of proposed witnesses
* Initial exchange of proposed documents to be included in the Hearing Record
* Pre-hearing conference
* Final exchange of documents to be included in the record and witnesses to appear at the hearing.
Additionally, the Commissioner may consider any inquiries or requests from the parties to ensure clarity, transparency and fairness of the hearing.
3.4 Discovery; Except as provided by these Rules and Procedures, there is no right to discovery in any hearing conducted by the Commissioner. 3.4.1; An interlocutory action by any respondent filed in a Chancery Court requesting a "Bill of Discovery" or seeking any other "discovery" based on equitable relief under common law or otherwise, is an improper attempt to circumvent the Department's Rules and Procedures and shall be summarily dismissed by the Court.3.5 Motion Practice Prior to Hearing; The Commissioner may require all parties to submit written direct and rebuttal testimony, all documentary evidence and exhibits the parties plan to submit into evidence at the hearing, witness lists specifying the witnesses the parties plan to call and the subject matter of the testimony, and written motions and motion responses in advance of the hearing pursuant to deadlines established by a Scheduling Order or other written directive. 3.5.1; Any written motion, request, or correspondence directed to the Commissioner by a party shall be provided to all attorneys of record or directly to an unrepresented party such that there shall be no earwigging of the Commissioner. Any submission and service of same on counsel of record may be submitted electronically (e.g. e-mail) or otherwise in accordance with directives from the Commissioner or Hearing Counsel.