Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Board Of Magistrtes › Part 1 - GENERAL › Section R. 418.93 - Joint final pre-trial conference

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1)
				  Records or other exhibits of any kind that any party intends to offer as
				  evidence in the proceeding shall be exchanged between the parties no later than
				  14 days before the JFPTC. After the parties have gathered and exchanged the
				  existing medical and other evidence, upon stipulation of the parties or at the
				  discretion of the magistrate, there must be a JFPTC with the magistrate
				  regarding admissibility of evidence or any other preliminary matters.
(2) The parties may prepare and file a joint
				  final pre-trial statement that lists issues for adjudication, stipulations, and
				  any potential witnesses and exhibits, other than materials subject to
				  attorney-client privilege, that the parties intend to submit into evidence at
				  the time of trial. This will not constitute a waiver of any issue, witness
				  testimony, or exhibit not specifically raised or listed should a statement be
				  submitted.
(3) Any objections to
				  the proposed witnesses and exhibits shall be made by the parties and ruled upon
				  by the magistrate. Upon finding that a proposed exhibit under this rule is not
				  authentic or was created specifically for purposes of the litigation, the
				  magistrate may exclude the proposed exhibit. Any decision on any objections is
				  subject to R 418.90(5) and (6).
(4)
				  All admissible exhibits must be listed in a JFPTO, except as provided in
				  subrules (2) or (7) of this rule or R 418.94(6), and admitted at the time of
				  trial.
(5) After the completion of
				  the JFPTC, the magistrate shall place the case on the trial docket and assign a
				  trial date. The magistrate may schedule a subsequent JFPTC if
				  necessary.
(6) The parties are
				  bound by the stipulations listed on the JFPTO unless modified or withdrawn for
				  good cause shown. If a stipulation is modified or withdrawn, the party
				  proposing the stipulation may offer additional evidence, including testimony
				  necessitated by the withdrawal or modification
.
(7) The parties must be entitled to necessary
				  rebuttal evidence and witnesses including materials subject to attorney client
				  privilege, not listed on the JFPTO at the time of trial. The parties may offer
				  rebuttal evidence and witnesses at the time of trial, not listed on the JFPTO,
				  including materials not previously disclosed due to attorney-client
				  privilege.
(8) While a case is
				  pending on the trial docket, the parties may attempt to cure or remedy any
				  objections raised by the opposing party at the JFPTC. The magistrate may make
				  subsequent rulings as to admissibility once the parties have had the
				  opportunity to cure or remedy any objections raised.
(9) At the discretion of the magistrate, a
				  case may be returned to the case development docket after being placed on the
				  trial docket if the circumstances require, to allow further
				  development.