26 Miss. Code. R. 1-1.6 - CONTESTED HEARINGS
(A) NOTICE OF
CONTEST.
(1) If an interested person desires
to contest a petition or docket, then not later than 5 p.m. on Tuesday of the
week which precedes the regular monthly Board Meeting the contestant shall
deliver to the petitioner's representative set forth in the petition and to the
Board a written "notice of contest" setting forth that the petition or docket
will be contested, the name and address of the contestant, and a brief
statement of the known reason(s) for the contest but failure to state all
reasons will not be a waiver of the right to contest. If the written notice of
contest cannot be actually delivered by the said deadline, then the notice
requirement may be satisfied if on or before the said deadline contestant (a)
gives the said petitioner's representative and the Board verbal notice (by
telephone or in person) of the contents of the written notice and (b) transmits
the required written notice so that it is to be received by said petitioner's
representative and by the Board by the close of business on the next working
day.
(2) A notice of contest may
be combined with a motion to continue and/or a motion to dismiss, or any other
responsive pleading.
(3) Absent
good cause shown, the failure to give the notice of contest as provided in
6(A)(1) above shall be deemed to be a waiver of the right to contest.
(4) For purposes of Rule 6(A), a
statement or writing in opposition to a petition shall not be considered a
contest unless the person in opposition intends to cross examine witnesses
and/or introduce evidence.
(B) EXCHANGE OF WITNESS LISTS AND EXHIBITS.
(1) Not later than Thursday of the week which
precedes the regular monthly Board Meeting at which the petition is to be
heard, the petitioner and contestant(s) shall exchange a copy of proposed
exhibits, and a list of may call witnesses and their areas of expertise. At
this time, the contestant shall file his exhibits with the Board.
(2) If it becomes necessary for a party to
substitute a witness, the party shall promptly give the opposing party (ies)
notice of the substitution by the most expeditious means, including telephone.
(3) The parties may agree in
writing to shorten or lengthen the time(s) for the exchange of witness lists
and exhibits, or even to dispense with the exchange. Additionally, the Board
may enter a scheduling order which sets the time(s) for said exchange.
(4) If a continuance of a petition
or docket is agreed to, then the time periods for exchanging exhibits and
witness lists shall apply to the hearing at which the petition or docket is
scheduled to be heard.
(C) CONDUCT OF CONTESTED HEARING.
(1) In general, a contested hearing shall
follow this order: opening statements, petitioners' case, contestants' case,
petitioners' rebuttal, closing statements.
(D) PREHEARING CONFERENCE.
(1) The Supervisor or the Chairman of the
Board may after exhibits have been exchanged between or among the parties, call
for a prehearing conference with or between the parties to a contested docket.
The prehearing conference may be noticed to be held before the Supervisor or
the Board or one or more staff members or such other person(s) as the notice
may designate. The parties to a contested docket shall be given reasonable
advance notice of the prehearing conference by the most expeditious means,
including by telephone. All prehearing conferences shall be held in Jackson,
Mississippi unless the Supervisor or the Chairman of the Board designates a
place other than Jackson.
(2) The
prehearing conference may be called for any purpose(s), including to identify
and narrow the issues of fact and questions of law, if any, simplify the proof
and, if possible, resolve the contest.
(3) Any party to a contested docket may
request that the Supervisor or the Chairman of the Board call a prehearing
conference, the actual calling of which shall be in the discretion of the
Supervisor or the Chairman of the Board, as the case may be.
(E) SCHEDULING ORDER.
(1) The Board may enter such scheduling
order(s) in a contested docket as it deems necessary or advisable including
orders setting prehearing conference(s), and providing for the exchange of
exhibits, witness lists and the filing of briefs.
(2) Any party to a contested docket may
request the entry of a scheduling order, the entry of which shall be at the
discretion of the Board.
Notes
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