8416. Prehearing conferences

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    1. At any time prior to commencement of the hearing of a proceeding on the merits: 

      1. a hearing panel may order a prehearing conference, or 

      2. a party may request a prehearing conference by serving and filing a notice of prehearing conference at least 14 days before the date of the prehearing conference

    2. A notice of prehearing conference must contain:

      1. the date, time, location and purpose of the prehearing conference

      2. any order of a hearing panel concerning the obligations of the parties with respect to the prehearing conference, including: 

        1. any requirement concerning the exchange or filing of documents or submissions pursuant to subsection 8416(7), and if so the issues to be addressed and the date by which the documents or submissions must be exchanged and filed

        2. whether the parties must attend in person, 

      3. a statement that the parties may be represented by counsel or an agent who, if a party is not required to attend, must have authority to make agreements and undertakings on the party’s behalf, 

      4. whether it is proposed that the prehearing conference is to be heard orally, electronically or in writing, 

      5. a statement that if a party does not attend in person or by counsel or an agent, the hearing panel may proceed with the prehearing conference in the party’s absence, and 

      6. a statement that any orders made by the hearing panel will be binding on the parties

    3. If a hearing panel orders a prehearing conference, the National Hearing Officer must set a date for the prehearing conference, if necessary, and serve a notice of prehearing conference on the parties with a copy of the decision of the hearing panel

    4. If a respondent has served and filed a response in accordance with subsection 8415(1), the initial appearance provided in a notice of hearing must be followed immediately by an initial prehearing conference, for which no notice of prehearing conference is required. 

    5. If a response has been served and filed, the parties must serve and file a prehearing conference form, in a form prescribed by the National Hearing Officer, at least five days before the date of the initial appearance specified in the notice of hearing

    6. At a prehearing conference, a hearing panel may consider any issue that may assist in a just and expeditious resolution of the proceeding, including: 

      1. identification, simplification and clarification of the issues, 

      2. disclosure of documents, including expert reports, 

      3. facts or evidence on which the parties agree, 

      4. admissibility of evidence, including evidence to be admitted on consent and identification of objections, 

      5. scheduling of motions, 

      6. procedural issues, including identifying and setting dates by which steps in the proceeding are to be commenced or taken, the estimated duration of a hearing and the dates on which the hearing will commence and be conducted, 

      7. settlement of any or all issues in the proceeding, and 

      8. any other procedural or substantive matters. 

    7. A hearing panel at a prehearing conference may: 

      1. set a timetable for steps preceding a hearing and for the hearing

      2. schedule further prehearing conferences, preliminary motions and the hearing of the proceeding on its merits, 

      3. amend an existing schedule or timetable, 

      4. set the issues to be addressed at a further prehearing conference or in a motion, 

      5. order the parties to exchange or file by a specified date documents or submissions for purposes of a further prehearing conference or a motion, 

      6. order that the proceeding be case managed by the hearing panel or another hearing panel to be selected by the National Hearing Officer, with or without the consent of the parties, 
      7. exercise the authority conferred by section 8208 to require a person to attend and give evidence or produce documents at a hearing, and 
      8. with the consent of the parties, make an order resolving any matter, including matters relating to: 
        1. facts or evidence agreed on, 
        2. disclosure of documents or evidence, 
        3. the resolution of any or all of the issues in the proceeding, and 
      9. make any other procedural order that the hearing panel believes will further the just and expeditious conduct of the proceeding. 
    8. A hearing panel that case manages a proceeding must preside over all prehearing conferences and preliminary motions in the proceeding, unless the hearing panel orders otherwise. 
    9. An order, agreement or undertaking that is made or given at a prehearing conference must be recorded in a prehearing memorandum that is: 
      1. prepared by or under the direction of the hearing panel taking into account the principles in subsections 8416(12) and 8416(13), 
      2. circulated to the parties for comment, 
      3. approved and signed by the hearing panel, and 
      4. distributed to the parties and any other person that the hearing panel directs. 
    10. A prehearing memorandum must be filed and provided to the hearing panel at subsequent hearings in the proceeding. 
    11. An order, agreement or undertaking recorded in a prehearing memorandum is binding on the parties, unless a hearing panel orders otherwise.
    12. Unless recorded in a prehearing memorandum, all statements and written submissions made at a prehearing conference are without prejudice and must not be communicated to a hearing panel, except at a subsequent prehearing conference
    13. A prehearing conference must be held in the absence of the public, and subject to subsections 8416(9) and 8416(10), prehearing documents, exhibits, submissions and transcripts must not be disclosed to the public. 
    14. A prehearing agreement to settle all of the issues in a proceeding is subject to approval by another hearing panel pursuant to section 8215.

    There is no history log for this rule.

    There is no history log for this rule.