§ 1.140 Conferences and procedure. ( a ) *Purpose and scope.* ( 1 ) Upon motion of a party or upon the Judge's own motion, the Judge may direct the parties or their counsel to attend a conference at any reasonable time, prior to or during the course of the hearing, when the Judge finds that the proceeding would be expedited by a conference. Reasonable notice of the time, place, and manner of the conference shall be given. The Judge may order each of the parties to furnish at or subsequent to the conference any or all of the following: ( i ) An outline of the case or defense;
( ii ) The legal theories upon which the party will rely;
( iii ) Copies of or a list of documents which the party anticipates introducing at the hearing; and
( iv ) A list of anticipated witnesses who will testify on behalf of the party. At the discretion of the party furnishing such list of witnesses, the names of the witnesses need not be furnished if they are otherwise identified in some meaningful way such as a short statement of the type of evidence they will offer.
( 2 ) The Judge shall not order any of the foregoing procedures that a party can show is inappropriate or unwarranted under the circumstances of the particular case.
( 3 ) At the conference, the following matters shall be considered: ( i ) The simplification of issues;
( ii ) The necessity of amendments to pleadings;
( iii ) The possibility of obtaining stipulations of facts and of the authenticity, accuracy, and admissibility of documents, which will avoid unnecessary proof;
( iv ) The limitation of the number of expert or other witnesses;
( v ) Negotiation, compromise, or settlement of issues;
( vi ) The exchange of copies of proposed exhibits;
( vii ) The identification of documents or matters of which official notice may be requested;
( viii ) A schedule to be followed by the parties for completion of the actions decided at the conference; and
( ix ) Such other matters as may expedite and aid in the disposition of the proceeding.
( b ) *Reporting.* A conference will not be stenographically reported unless so directed by the Judge.
( c ) *Manner of Conference.* ( 1 ) The conference shall be conducted by telephone or correspondence unless the Judge determines that conducting the conference by audio-visual telecommunication: ( i ) Is necessary to prevent prejudice to a party;
( ii ) Is necessary because of a disability of any individual expected to participate in the conference; or
( iii ) Would cost less than conducting the conference by telephone or correspondence. If the Judge determines that a conference conducted by audio-visual telecommunication would measurably increase the United States Department of Agriculture's cost of conducting the conference, the conference shall be conducted by personal attendance of any individual who is expected to participate in the conference, by telephone, or by correspondence.
( 2 ) If the conference is not conducted by telephone or correspondence, the conference shall be conducted by audio-visual telecommunication unless the Judge determines that conducting the conference by personal attendance of any individual who is expected to participate in the conference: ( i ) Is necessary to prevent prejudice to a party;
( ii ) Is necessary because of a disability of any individual expected to participate in the conference; or
( iii ) Would cost less than conducting the conference by audio-visual telecommunication.
( d ) *Order.* Actions taken as a result of a conference shall be reduced to a written appropriate order, unless the Judge concludes that a stenographic report shall suffice, or, if the conference takes place within 7 days of the beginning of the hearing, the Judge elects to make a statement on the record at the hearing summarizing the actions taken.
( e ) *Related matters.* Upon motion of a respondent, the Judge may order the attorney for the complainant to produce and permit the respondent to inspect and copy or photograph any relevant written or recorded statements or confessions made by such respondent within the possession, custody or control of the complainant.
[42 FR 743, Jan. 4, 1977, as amended at 60 FR 8455, Feb. 14, 1995]