Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 144.00 - Procedures For The Regulatory Review Of And Public Hearings On Plans Of Reorganization Or Conversion Pursuant To M.g.l. C.175 Secs. 19f-19w
Section 144.08 - Prehearing Procedures

Universal Citation: 211 MA Code of Regs 211.144

Current through Register 1531, September 27, 2024

(1) Pre-hearing Conference. The presiding officer may hold one or more pre-hearing conferences to consider: the simplification or clarification of the issues; admissions of fact, a nd agreements on documents to avoid unnecessary proof or to dispose of any issues; limits on the number of witnesses and avoidance of duplicative, repetitious, or cumulative evidence; the schedule of testimony; the organization of exhibits; the conduct and format of the hearing; and other matters that may affect the hearing.

(2) Prefiled Evidence. The presiding officer may order the submission in advance of the hearing, at a time designated by the presiding officer, of sworn written direct testimony of any or all witnesses. Such prefiled written testimony will be received in evidence with the same force and effect as though it were stated orally by the witnesses who have given the evidence, provided that each witness shall be present at the hearing at which the prefiled testimony is offered, shall adopt the written testimony under oath, and shall be made available for cross- examination as directed by the presiding officer. The presiding officer may also order that documentary evidence be filed in advance of the hearing, at a time designated by the presiding officer.

(3) Discovery.

(a) Voluntary discovery is encouraged. If voluntary discovery fails, a party may file and serve an application for an order directing discovery. The application must set forth, with reasonable particularity, the discovery sought, its relevance to the issues to be considered at the hearing, and the efforts previously made to obtain the requested discovery.

(b) The person from whom discovery is sought may respond to the application within three days or at such other time as determined by the presiding officer.

(c) The presiding officer may schedule a hearing on the application for order directing discovery. Orders of the presiding officer may include limitations on the scope, method, time and place for discovery, provisions for protecting confidential information or documents, and provisions to protect against annoyance, embarrassment, oppression or undue burden or expense. Iallowed, discovery must be conducted expeditiously. An application for discovery will not be grounds to delay the hearing except for good cause.

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