[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.21]

[Page 51-52]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary 
                                Decisions
 
Sec. 3.21  Prehearing procedures.


    (a) Meeting of the parties before scheduling conference. An early as 
practicable before the prehearing scheduling conference described in 
paragraph (b) of this section, counsel for the parties shall meet to 
discuss the nature and basis of their claims and defenses and the 
possibilities for a prompt settlement or resolution of the case, and to 
agree, if possible, on a proposed discovery schedule, a preliminary 
estimate of the time required for the hearing, and a proposed hearing 
date, and on any other matters to be determined at the scheduling 
conference.
    (b) Scheduling conference. Not later than fourteen (14) days after 
the answer is filed by the last answering respondent, the Administrative 
Law Judge shall hold a scheduling conference. At the scheduling 
conference, counsel for the parties shall be prepared to address their 
factual and legal theories, a schedule of proceedings, possible 
limitations on discovery, and other possible agreements or steps that 
may aid in the orderly and expeditious disposition of the proceeding.
    (c) Prehearing scheduling order. (1) Not later than two (2) days 
after the scheduling conference, the Administrative Law Judge shall 
enter an order that sets forth the results of the conference and 
establishes a schedule of proceedings, including a plan of discovery, 
dates for the submission and hearing of motions, the specific method by 
which exhibits shall be numbered or otherwise identified and marked for 
the record, and the time and place of a final prehearing conference and 
of the evidentiary hearing.
    (2) The Administrative Law Judge may grant a motion to extend any 
deadline or time specified in this scheduling order only upon a showing 
of good cause. Such motion shall set forth the total period of 
extensions, if any, previously obtained by the moving party. In 
determining whether to grant the motion, the Administrative Law Judge 
shall consider any extensions already granted, the length of the 
proceedings to date, and the need to conclude the evidentiary hearing 
and render an initial decision in a timely manner. The Administrative 
Law Judge shall not rule on ex parte motions to extend the deadlines 
specified in the scheduling order, or modify such deadlines solely upon 
stipulation or agreement of counsel.
    (d) Meeting prior to final prehearing conference. Counsel for the 
parties shall meet before the final prehearing conference described in 
paragraph (e) of this section to discuss the matters set forth therein 
in preparation for the conference.
    (e) Final prehearing conference. As close to the commencement of the 
evidentiary hearing as practicable, the Administrative Law Judge shall 
hold a final prehearing conference, which counsel shall attend in 
person, to submit any proposed stipulations as to law, fact, or 
admissibility of evidence,

[[Page 52]]

exchange exhibit and witness lists, and designate testimony to be 
presented by deposition. At this conference, the Administrative Law 
Judge shall also resolve any outstanding evidentiary matters or pending 
motions (except motions for summary decision) and establish a final 
schedule for the evidentiary hearing.
    (f) Additional prehearing conferences and orders. The Administrative 
Law Judge shall hold additional prehearing and status conferences or 
enter additional orders as may be needed to ensure the orderly and 
expeditious disposition of a proceeding. Such conferences shall be held 
in person to the extent practicable.
    (g) Public access and reporting. Prehearing conferences shall be 
public unless the Administrative Law Judge determines in his or her 
discretion that the conference (or any part thereof) shall be closed to 
the public. The Administrative Law Judge shall have discretion to 
determine whether a prehearing conference shall be stenographically 
reported.

[50 FR 41487, Oct. 11, 1985, as amended at 61 FR 50646, Sept. 26, 1996; 
66 FR 17628, Apr. 3, 2001]