Code of Federal Regulations Title 7. Agriculture § 7.15f.17 What happens before the hearing?

(a) Do I need to file another answer or pre-hearing brief? You may file a pre-hearing brief in support of your complaint.

(b) Will there be a pre-hearing conference? The ALJ may hold a pre-hearing conference. If such a conference is to be held, the notice of the pre-hearing conference also will contain a notice to the parties of a time and date for the pre-hearing conference. Pre-hearing conferences normally will be held by telephone. Issues that may be addressed at the pre-hearing conference may include:  simplification of the issues;  the possibility of obtaining stipulations of fact and of the authenticity of documents;  limitation of the number of witnesses;  exchange of copies of hearing exhibits;  negotiation, compromise or settlement of issues;  identification of documents of which official notice will be requested;  a schedule for completion of the actions decided upon at the conference;  and any other matters that may aid and expedite the conclusion of the proceeding. No transcript of the pre-hearing conference will be made but the ALJ will issue a written memorandum summarizing the results of the pre-hearing conference.

(c) What else may the ALJ ask for before the hearing? Prior to the hearing, the ALJ may require each of the parties to furnish any or all of the following:  an outline of a party's position with respect to the complaint, the facts upon which the party intends to rely, the legal theories upon which the party intends to rely, copies of or a list of the documents and exhibits which the party anticipates on introducing at the hearing, and a list of anticipated witnesses.