[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.19]

[Page 322-323]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.19  Prehearing conferences.

    (a) Purpose and scope. Upon motion of a party or in the Judge's 
discretion, the Judge may direct the parties or their counsel to 
participate in a prehearing conference at any reasonable time prior to a 
hearing, or during the course of a hearing, when the Judge finds that 
the proceeding would be expedited by such a conference. Prehearing 
conferences normally shall be conducted by telephone unless, in the 
opinion of the Judge, such method would be impractical, or when such 
conferences can be conducted in a more expeditious or effective manner 
by correspondence or personal appearance. Reasonable notice of the time, 
place, and manner of the prehearing conference shall be given. At the 
conference, the following matters may be considered:
    (1) The simplification of issues;

[[Page 323]]

    (2) The necessity of amendments to pleadings;
    (3) The possibility of obtaining stipulations of facts and of the 
authenticity, accuracy, and admissibility of documents, which will avoid 
unnecessary proof;
    (4) The limitations on the number of expert or other witnesses;
    (5) Negotiation, compromise, or settlement of issues;
    (6) The exchange of copies of proposed exhibits;
    (7) The identification of documents or matters of which official 
notice may be required;
    (8) A schedule to be followed by the parties for completion of the 
actions decided at the conference; and
    (9) Such other matters, including the disposition of pending motions 
and resolution of issues regarding the admissibility of evidence, as may 
expedite and aid in the disposition of the proceeding.
    (b) Reporting. A verbatim record of the conference shall not be kept 
unless directed by the Judge.
    (c) Order. Actions taken as a result of a prehearing conference 
shall be reduced to a written order unless the Judge concludes that a 
stenographic report shall suffice or, if the conference takes place 
within seven (7) days of the beginning of a hearing, and the Judge 
elects to make a statement on the record at the hearing summarizing the 
actions taken.