211 CMR 41.18 - Pre-hearing Motions and Conferences

Current through Register 1466, April 1, 2022

(1) Pre-hearing Motions. Pre-hearing motions must be filed in accordance with the following schedule:
(a) No later than 14 days following the date the hearing notice is issued, an Intervenor may move to dismiss the Hearing Request or for a decision on any or all issues raised by the Hearing Request on the ground that the Hearing Request contains insufficient evidence to substantiate claims it makes, or otherwise fails to comply with the filing requirements established in 211 CMR 41.00.
(b) No later than five days following the filing of a Responsive Filing, a Party may move to dismiss the Responsive Filing or for a decision on any or all issues raised by that filing on the ground that it contains insufficient description of the basis on which an Intervenor supports or contests the Rate Filing.
(c) The Presiding Officer may permit a Party to amend its Hearing Request or Responsive Filing in order to address the issues raised by pre-hearing motions, including motions to dismiss, or to add or revise data.
(d) All other pre-hearing motions not specifically addressed in 211 CMR 41.00 must be filed at least three days before the date of Hearing.
(e) The filing of any pre-hearing motion will not affect any of the time periods set in 211 CMR 41.00 unless so ordered by the Presiding Officer.
(2) Pre-hearing Conferences. The Presiding Officer may hold one or more pre-hearing conferences to consider: the simplification or clarification of the issues; the possibility of obtaining stipulations, admissions of fact, and agreements on documents to avoid unnecessary proof or to dispose of any or all disputed issues; limits on the number of witnesses and avoidance of cumulative evidence; the schedule of testimony in subsequent conferences or hearings; the organization of exhibits; the conduct and format of the Hearing; and any other matters that may assist in the expeditious disposition of the Proceeding.


211 CMR 41.18

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