Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 47 - LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE
Subchapter 3 - PRE-TRIAL PROCEDURES
Section 12-47-22 - Pretrial order
Universal Citation: HI Admin Rules 12-47-22
Current through August, 2024
(a) When an initial conference is held, the board may enter a pretrial order which recites the action taken at the conference, including:
(1) The agreements
made by the parties as to any of the matters considered;
(2) The issues for hearing not otherwise
disposed of by stipulation or agreement of the parties; and
(3) The discovery deadlines.
(b) When the pretrial order establishes discovery deadlines, the specified deadline means as follows:
(1) Unnamed witness means identification of
the name and address of an individual not previously identified in the party's
pretrial statement.
(2) Live
witness means identification of individuals previously identified in the
party's pretrial statement or unnamed witness statement, and who the party, in
good faith, intends to have testify at trial. An individual not identified in
the party's live witness statement shall not be allowed to testify at
trial.
(3) Medical report deadline
means the date that all medical reports or records shall be filed at the
board.
(4) Discovery deadline means
the date that all non-medical documents or records shall be filed at the board,
except that the transcript of an oral deposition of any individual conducted
before such deadline may be filed after such deadline.
(c) The pretrial order shall control the subsequent course of the appeal, unless modified by the board at the trial or prior thereto to prevent manifest injustice. The pretrial order shall supersede the pleadings where there is any conflict and shall supplement the pleadings in all other respects.
(d) The board may impose administrative sanctions as described in section 12-47-48 for noncompliance with the board's order.
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