RULE 22

Pretrial Conferences

A. A Pretrial Conference may be scheduled upon the application of any party or upon the Commission's own motion.

B. At least ten calendar days notice of the Pretrial Conference shall be given, unless otherwise agreed by the parties.

C. The parties shall be represented by their respective attorneys who are to conduct the trial, or by co-counsel with full knowledge of the case. Counsel shall consult with their clients in advance as to authority for settlement and authority to bind their clients by stipulation at the Pretrial Conference.

D. Willful failure of petitioner's counsel to appear at the Pretrial Conference shall be cause for the action to be dismissed. Willful failure of respondent's counsel to appear shall be cause for default to be entered against the respondent.

E. Parties represented by counsel will not attend the Pretrial Conference unless directed to do so by the Commission.

F. Five business days prior to the Pretrial Conference, exhibits shall be exchanged and discrepancies in the data of common survey points shall be resolved by the parties. At such time, the parties are also required to provide each other with the underlying survey data to assist in determining whether or not to waive foundational objections.

G. The exchange of trial exhibits shall constitute a request for the opposing party to admit the authenticity and identification of each exhibit. Unless objection is made prior to or during the pretrial conference, objections to the admissibility of each exhibit on the basis of foundation will be waived.

H. Counsel shall be prepared to make reasonable disclosures of facts, to admit and to agree upon undisputed facts, and to waive requirements of formal proof of undisputed documents. Counsel shall also be prepared to discuss points of law and are requested to submit memoranda of authorities with references thereto, especially when special or unusual issues are involved. Counsel shall submit and identify all trial exhibits. Only exhibits presented and marked at the Pretrial Conference may be offered into evidence at trial, except for rebuttal exhibits or upon the showing of good cause.

I. Exhibits presented at the Pretrial Conference shall be placed within a three-ring binder or a spiral notebook, separated by tabs. Exhibits shall be organized in numerical order according to the Supreme Court Rules of Practice and Procedures Rule 5 B(6)(c). Original exhibits shall be retained by counsel until trial and two copies of those exhibits shall be given to the Commission prior to the Pretrial Conference.

J. At the time of the Pretrial Conference, each party shall present a list containing the names and addresses of all witnesses expected to be called in the presentation of the party's case in chief and the subject matters about which each witness is expected to testify to the Commission. Except for rebuttal witnesses, any witness not listed as such at the Pretrial Conference will not be allowed to testify at trial. Each party shall also present a written statement of the issues to be presented at trial.

K. All discovery must be completed before the date of the Pretrial Conference, unless permission is given by the Judge for later discovery.

L. The case will be tried upon the pleadings as formalized at the time of the Pretrial Conference, and no further amendments will be allowed except in cases of undue hardship, or in the furtherance of justice.

M. A report of the Pretrial Conference shall be made in such manner as the commissioner may direct.

N. In order to prevent undue hardship, a commissioner of the Commission may waive any of the above requirements for good cause.