Pennsylvania Code
Title 61 - REVENUE
Part VI - Board of Claims
Chapter 899 - RULES OF PROCEDURE
Subchapter E - PREHEARING
Rule 899.501 - Prehearing procedure
Universal Citation: 61 PA Code ยง 899.501
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Status conference.
(1) At
the discretion of the Chief Administrative Judge, a status conference may be
held within 120 days after the filing of the claim. The conference may be by
telephone or in person. Matters to be considered at the conference include:
(i) Jurisdictional defects.
(ii) Prospects of amicable
settlement.
(iii) Establishing a
schedule for remaining prehearing proceedings including discovery deadlines and
prehearing memoranda filings.
(2) A scheduling order will be issued as soon
as practical after the conference.
(b) Prehearing memoranda. Prehearing memoranda shall be filed and served as directed by the Chief Administrative Judge in the scheduling order. Unless the scheduling order directs otherwise, the prehearing memorandum of each party shall include:
(1) A statement of the issues in the
case.
(2) The identification and
numbering of exhibits.
(3) A
stipulation of facts not in dispute to be prepared jointly by the parties,
which may include qualification of expert witnesses and admission of
exhibits.
(4) Identification of
witnesses who will appear at the hearing and a short summary of the testimony
expected from each witness.
(5)
Copies of expert witnesses' final reports.
(c) Prehearing conferences and settlement conferences.
(1) The
Chief Administrative Judge will determine the necessity for the scheduling of,
and the procedures for, a prehearing or settlement conference. Notice of a
conference will be given to counsel or unrepresented parties.
(2) The Chief Administrative Judge may
dismiss the case, or enter judgment against a party for failing to participate
in a prehearing conference or failing to provide the required
memorandum.
(3) The Board may
refuse to allow a party to call witnesses or offer evidence not disclosed at
the prehearing conference or in the prehearing memorandum.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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