The judge will discuss the hearing with the parties and set a date for the hearing. The discussion includes: (b) Any interested person who wishes to participate on his or her own behalf or through legal counsel must submit a written statement prior to the hearing within a time limit set out in a Notice of Hearing or other announcement published on the Federal Register. The number of copies of these statements and the time and place of their presentation are indicated in the notices of hearing. The pre-hearing statement must describe the person`s interest in the proceeding and include: All parties must submit their pre-hearing statements, witness lists and exposure lists to the BVH. Do not send copies of your proof to the BVS. They bring these documents with them to the hearing. These pre-hearing conference papers must be submitted by the date specified in the planning agreement, which is at least three business days prior to the pre-consultation conference. Parents should also send copies of this information to all other parties with proof of delivery. The district and all other parties also send their testimonies, exhibits and witness lists to the parents. Parents should read these documents so they can discuss them with the judge at the preliminary hearing. It is a good idea to check the schedule before the pre-trial conference, as the designated judge may change from time to time. Any mandatory challenges (use this link for more information on applications) before the judge must be made before the pre-trial conference begins. The calendar can be found on the OAH website at (6) An explanation of the approximate duration of his case.
(2) Content of a Pre-Hearing Statement – In general, the purpose of a pre-hearing statement is to narrow down and narrow down issues of fact and law before a single hearing is scheduled. (c) Statements made by the parties prior to the hearing shall be made available to the offices where they are filed for consideration. Any person who makes a statement prior to the hearing must, upon request, make themselves available for a conference with Committee staff to provide the necessary clarification of their pre-hearing statement and to arrange the details of the presentation of their testimony or case. How to obtain a subpoena is described in the Subpoenas section. Parents may want to discuss subpoenas with the judge at the pre-trial conference. (6) Chronology – Pre-hearing pleadings should contain a chronology of facts, especially if the facts are complex or involve several events. Graphs or similar graphs that record events are welcome. See Appendix M (Table of Typical Criminal History). Preparing for the pre-negotiation conference is the beginning of your preparation for the hearing. You must prepare for the hearing as soon as you file your case. Contact witnesses and gather all required documents as soon as possible. Parents should take sufficient time to meet the requirements of the preliminary hearing.
The last day you can identify your witnesses and the evidence you want to present at the hearing is shortly after the pre-trial conference. If you are making the necessary preparations for the pre-trial conference, you can prepare the required final evidence and witness statements before the hearing begins. A « pre-hearing conference statement » informs the judge and other parties of basic information about the parties` cases. The statement must describe all the issues discussed during the conference prior to the hearing. The parent conference statement prior to the hearing must contain all of the following information: (3) Statement of Facts – Statements of facts in pre-hearing pleadings must be concise. The facts must be clearly stated. Points of contention and points of agreement must be explicitly mentioned. (a) The administrative judge may, at any time before the commencement of the hearing, order any party to make submissions prior to the hearing. Pre-hearing arguments should always reflect the facts that are appropriate and relevant to the decision on the issue(s) at each scheduled hearing. They should be supported by an appropriate legal authority, where such a power exists. See subsection (f) below. Pre-hearing pleadings must not contain facts or laws that are not controversial.
The parties are invited to expressly indicate in their pleadings before the hearing the facts or legal provisions that are not disputed. A preliminary meeting is usually held a week or 10 days before a hearing. Conferences are held on Mondays and Fridays prior to the hearing. The date and time of the pre-negotiation conference are listed in the planning order. OAH will notify the parties if the date and time of the pre-negotiation conference changes. The information sent with the calendar contains important information about the pre-negotiation conference. The planning order includes information on: (5) Titles and Other Markings – Pre-hearing information sessions should use titles, subtitles and spacing to improve the readability of the information session. Short paragraphs with thematic sentences and appropriate headings facilitate the coherence and coherence of arguments. (1) Submission – A pre-hearing statement must be accompanied by a cover page with an appropriate label (e.g. « PRE-HEARING STATEMENT OF THE PARTIES ») and meet deadlines and submission requirements. See Chapter 3 (Immigration Court Submissions), Appendix E (cover pages). An immigration judge may order the parties to file briefs prior to the hearing.
Parties are encouraged to file briefs prior to the hearing, even if the immigration judge does not instruct them to do so. Parties are also invited to submit pre-hearing statements in order to identify and reduce contentious legal and factual issues. See Chapter 4.18(b) (Pre-hearing statements). Pre-hearing arguments inform the immigration judge of a party`s positions and arguments on legal issues. A well-written factum prior to the hearing is in the best interests of the party and is of great importance to the immigration judge. Pre-hearing pleadings should be clear, concise and well organized. You must quote the Minutes if necessary. Before the hearing, the judicial authorities should quote in a full, fair and accurate manner. Where the cases have been consolidated, written submissions may be filed on behalf of all defendants in the consolidated proceedings before the hearing, provided that the full name and A number of each defendant appear on the consolidated document before the hearing. See Chapter 4.21 (Merger and Separation of Businesses).
(2) the facts established and a statement that the party or parties communicated or consulted in good faith with a view to reaching an agreement to the extent possible; (b) A statement made prior to the hearing must indicate the name of the party or parties on whose behalf it is presented and must briefly state the following points, unless the administrative judge decides otherwise: Even if no preliminary hearing is held, the parties are strongly advised to consult with each other prior to a hearing in order to narrow down the issues in dispute. Parties are also invited to submit their submissions prior to the hearing following these discussions. See subparagraph (b) below. To ensure that a witness attends the hearing, parents may need to receive a subpoena from the OAH. A subpoena is a legal way to compel someone to be heard. If someone has to take time off work to attend the hearing, they may need a subpoena to show their boss that they must attend the hearing. The judge prepares a written decision after the preliminary hearing. The order will be sent to all parties. In order, the things discussed at the pre-conference and all the instructions that need to be followed are discussed.
The conference following the pre-trial conference will reiterate specific instructions on how the parties must prepare the evidence they wish to present at the hearing. (8) Appropriate comments, suggestions or information that may assist the parties or the administrative judge in preparing for the hearing or otherwise deciding the proceedings. (4) Footnotes – Factual arguments should be limited to the wording of pleadings prior to the hearing. Excessive use of footnotes is not recommended. (2) the status of the individual classifications and minimum rates of pay, if any, that it proposes to support; (1) the prepared declaration he wishes to make; Pre-hearing conferences are held between the parties and the immigration judge to narrow down the issues, reach agreements between the parties, voluntarily exchange information, and streamline and organize the process. See 8 C.F.R. § 1003.21(a). All parties must comply with the order. There may be sanctions or penalties for non-compliance with the pre-hearing conference order, including the possibility that evidence may not be presented or witnesses not testify.