Article 13.  Prehearing Procedure and Exchange of Exhibits

49. (Rule 49)  Prehearing Conference

(a) A prehearing conference may be held for the purposes of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or prepared expert testimony, limiting the number of witnesses, and such other matters as may expedite the orderly conduct and disposition of the proceeding.

(b) At or before the first prehearing conference, the administrative law judge may require the parties to meet and confer on the following topics:

(1) Identification of the principal factual and legal issues and the evidentiary bases for claims and defenses;

(2) Use of settlement techniques or other alternatives to litigation;

(3) Need for disclosure or discovery of documents or other information;

(4) Plan for conducting discovery;

(5) Identification of motions requiring early resolution;

(6) Recommended dates for completion of discovery, service of prepared testimony, additional prehearing conferences, and hearings; and

(7) Other topics as the interests of justice and efficient case management require.

(c) Within 10 days of the completion of any meeting and conferring directed under subsection (b), the parties must file a case management statement reporting on the results of their conferring.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution.

50. (Rule 50)  Facts Disclosed Privileged

Facts disclosed in prehearing conferences are privileged. Except by agreement, they shall not be used against participating parties, before the Commission or elsewhere, unless proved by evidence other than that employed in disclosing such facts.