---
kind: "section"
citation: "28 C.F.R. § 76.12"
title: "28"
number: "76.12"
heading: "Prehearing statements."
url: "https://uscodex.org/cfr/28/76.12"
---

# §76.12. Prehearing statements.

- (a) At any time prior to the commencement of the hearing, the Judge may order any party to file a prehearing statement of position.
- (b) A prehearing statement shall state the name of the party on whose behalf it is presented and shall briefly set forth the following matters, unless otherwise ordered by the Judge:
  - (1) Issues involved in the proceedings and whether the respondent requests an oral hearing;
  - (2) Facts stipulated;
  - (3) Facts in dispute;
  - (4) Witnesses, except to the extent that disclosure would be privileged, and exhibits by which disputed facts will be litigated;
  - (5) A brief statement of applicable law;
  - (6) The conclusions to be drawn;
  - (7) The estimated time required for presentation of the party's case; and
  - (8) Any appropriate comments, suggestions, or information which might assist the parties or the Judge in preparing for the hearing or otherwise aid in the disposition of the proceeding.

## Notes

### Authority

Authority: 5 U.S.C. 301; 21 U.S.C. 844a, 875, 876; 28 U.S.C. 509, 510,; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted.