Sec. 1.733 Status conference.
(a) In any complaint proceeding, the Commission may in its
discretion direct the attorneys and/or the parties to appear before it
for a conference to consider:
(1) Simplification or narrowing of the issues;
(2) The necessity for or desirability of amendments to the
pleadings, or of additional pleadings or evidentiary submissions;
(3) Obtaining admissions of fact or stipulations between the parties
as to any or all of the matters in controversy;
(4) Settlement of the matters in controversy by agreement of the
parties;
(5) The necessity and extent of discovery, including objections to
interrogatories or requests for production of documents;
(6) The need and schedule for filing briefs, and the date for
further conferences; and
(7) Such other matters that may aid in the disposition of the
complaint.
(b) While a conference normally will be scheduled after the answer
has been filed, any party may request that a conference be held at any
time after the complaint has been filed.
(c) During a status conference, the Commission staff may issue oral
rulings pertaining to a variety of interlocutory matters relevant to the
conduct of a formal complaint proceeding including, inter alia,
procedural matters, discovery, and the submission of briefs or other
evidentiary materials. These rulings will be promptly memorialized in
writing and served on the parties. When such rulings require a party to
undertake affirmative action not subject to deadlines established by
another provision of this subpart, such action will be required within
10 days from the date of the written memorialization unless the staff
designates a later deadline.
(d) Conferences will be scheduled by the Commission at such time and
place as it may designate, to be conducted in person or by telephone
conference call.
(e) The failure of any attorney or party, following reasonable
notice, to appear at a scheduled conference will be deemed a waiver and
will not preclude the Commission from conferring with those parties or
counsel present.
[ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at 58 FR 25573 ,
Apr. 27, 1993]
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