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Board reaffirms Rule 6 for exhibit submissions and the role of pre-hearing memoranda
Summary
The board told parties to follow Rule 6 on exhibit submissions and said advance memoranda were requested to narrow issues; closing memoranda may be required after the evidentiary hearing but the board did not adopt the motion to require post-hearing memoranda as requested by the protestants.
Board members discussed the role and timing of written memoranda and exhibit submissions in the lead-up to the evidentiary hearing for case CBA 21017. The chair said that nothing in the board's rules explicitly dictates whether opening or closing memoranda are required and that the panel may decide whether to require memoranda or additional briefing at the hearing. He also noted Rule 6 sets the timing for exhibit submissions and that parties are expected to follow that rule.
Mister Pennington said he understood the advance memorandum was requested "just to narrow the issues" and not to eliminate the possibility of a closing memorandum after the hearing. Mister Thalmack agreed counsel may have "misunderstood our deliberation." The board declined to change its scheduling order to postpone memoranda until after the hearing but reserved the right to request closing memoranda or additional briefing following the evidentiary hearing if needed.
