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Prehearing Conference Frequently Asked Questions (FAQ)

What is a prehearing conference?

A prehearing conference is a conference held before the evidentiary hearing between the Administrative Law Judge (ALJ) handling the case and the parties and/or their representatives.

Why is a prehearing conference important?

A prehearing conference allows the ALJ and parties to explore the possibility of settlement through mediation and schedule a date(s) for the evidentiary hearing. It is also an opportunity for the ALJ and parties to:

  • PLAN for issues that will ultimately be contested at the heraing,
  • EXPLAIN the discovery and evidentiary hearing process,
  • DISCUSS possible amendments to the complaint, and
  • ESTABLISH a schedule for the exchange of discover and any prehearing motions.

Am I allowed to argue the facts of my case at the prehearing conference?

No. Testimony will NOT be heard at the prehearing conference.

I need accommodation to participate in the prehearing conference. How do I request one?

Under the Americans with Disabilities Act, reasonable accommodations will be made for any qualified individual upon request. Please contact the Equal Rights Division with specific information about your request before the date of your scheduled prehearing conference.

I need an interpreter for the prehearing conference. How do I request one?

Please contact the Equal Rights Division at least one week before the date of your scheduled prehearing conference.

I have an attorney. Can they attend the prehearing conference on my behalf?

Your attorney may attend the prehearing conference on your behalf unless the ALJ orders otherwise.

I am an attorney, and I cannot attend the prehearing conference. Can another representative from my firm appear on behalf of my client?

If you cannot attend the prehearing conference, you may have another representative attend the conference on behalf of your client. However, the representative must still provide the ALJ with all requested documents, including your schedule of availability, the availability of your client(s) and witnesses, and information regarding your client's interest in mediation or settlement.

What happens after the prehearing conference?

Following a prehearing conference, the ALJ issues a prehearing order that states the details determined at the prehearing conference.