Prehearing instructions - 1998-08-18

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Prehearing instructions - 1998-08-18

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Prehearing instructions - 1998-08-18
Publication Date:
Physical Location:
Box 2


Subjects / Keywords:
Ranchers -- Law and legislation -- Florida
Okeechobee, Lake (Fla.) ( lcsh )

Record Information

Source Institution:
University of South Florida
Holding Location:
University of South Florida
Rights Management:
The University of South Florida Libraries believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries.
Resource Identifier:
035069031 ( ALEPH )
981477171 ( OCLC )
L41-00028 ( USFLDC DOI )
l41.28 ( USFLDC Handle )

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University of South Florida

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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS NATIONAL AUDUBON SOCIETY, ) ) Petitioner, ) ) vs. ) ) 101 RANCH, INC., and SOUTH FLORIDA) WATER MANAGEMENT DISTRICT, ) ) Respondents. ) --~--~------------) Case No. 98-3215 ORDER OF PREHEARING INSTRUCTIONS This cause having been scheduled for final hearing, it is, therefore, ORDERED: 1. Counsel for all parties shall meet no later than 15 days prior to the date for final hearing in this cause and shall: a. discuss the possibility of settlementi b. stipulate to as many facts and issues as possible; c. draw up the prehearing stipulation as required by this Order; d. examine all exhibits (except for impeachment exhibits) proposed to be introduced into evidence at the hearing; e. furnish opposing counsel the names and addresses of all witnesses (except for impeachment witnesses); and f. complete all other matters which may expedite the hearing in this case. 2. Counsel for Petitioner shall initiate arrangements for the attorneys• conferences. However, all attorneys in this cause are charged with the duty of meeting in such conferences and of complying with the schedule set forth in this Order.


3. The prehearing stipulation shall contain: a. a concise statement of the nature of the controversy; b. a brief, general statement of each party's position; c. a list of all exhibits (except for impeachment exhibits) to be offered at the hearing, noting any objections thereto, and the grounds for each objection; d. a list of the names and addresses of all witnesses (except for impeachment witnesses) to be called at the hearing by each party; expert witnesses shall be designated; e. a concise statement of those facts which are admitted and will require no proof at hearing, together with any reservations directed to such admission; f. a concise statement of those issues of law on which there is agreement; g. a concise statement of these issues of fact which remain to be litigated; h. a concise statement of those issues of law which remain for determination by the Administrative Law Judge; 1. a concise statement of any disagreement as to the application of the rules of evidence; j. a list of all pending motions or other matters which require action by the Administrative Law Judge; k. an estimate as to the length of time required for the hearing; and 1. the signature of counsel for all parties. 4. The parties shall file their prehearing stipulation no later than 10 days prior to the date set for final he~ring in this cause. If for any reason the prehearing stipulation cannot be executed by all counsel, each attorney shall file and serve a separate proposed prehearing statement no later than 7 days 2


before the final hearing with a statement of reasons why no agreement was reached on the stipulation. Failure to comply with the requirements of this Order may result in cancellation of the hearing on the Administrative Law Judge's own motion or may result in the exclusion of nee-previously disclosed witnesses or exhibits. DONE AND ORDERED this /i day of August, 1998, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Luna Ergas, Esquire South Florida Water Management District 3301 Gun Club Road Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850} 921-6847 Filed with the Clerk of the Division of Administrative Hearings this I~ day of Augu$t, 1998. West Palm Beach, Florida 33406 J. A. Jurgens, Esquire SOS Wekiva Springs Road Suite 800 Longwood, Florida 32779 John Cassels, Esquire Post Office Box 968 Okeechobee, Florida 34972 Ted Brown, Esquire Post Office Box 231 Orlando, Florida 32802 3


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