(a) At any time after a summary decisional proceeding has been commenced pursuant to § 12.26(b), the Administrative Judge may, in their discretion, conduct one or more pre-decision conferences to be held in Washington, DC, or by telephone, with all parties, for the purposes of:

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Terms Used In 17 CFR 12.206

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(1) Discussing the advisability of electing the voluntary decisional procedure;

(2) Encouraging settlement of the entire case, or any part thereof, (such discussions may be ex parte with the consent of all parties);

(3) Simplifying or clarifying issues;

(4) Obtaining stipulations, admissions of fact and of authenticity of documents;

(5) Discussing amendments or supplements to the pleadings;

(6) Encouraging an early settlement of disputes relating to discovery; and

(7) Discussing any matters of relevance in the proceeding.

(b) At or following the conclusion of such a conference, the Administrative Judge may serve a pre-decision memorandum and order setting forth the agreements, if any, reached by the parties, any procedural determinations made by the Administrative Judge, and the issues for resolution not disposed of by the admissions or agreements by the parties. Such order, when issued, shall control the subsequent course of the proceeding unless modified to prevent injustice.

[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64357, Nov. 18, 2021]