13 Miss. Code. R. § 3-8.4 - Nature Of Hearing
(a) Unless the
hearing examiner reasonably determines that a different procedure is
appropriate, the hearing must be conducted in accordance with the following
procedures:
1. The petitioner may present an
opening statement on the merits and the respondent may then make a statement of
the defense. The respondent may reserve his statement of the defense for the
presentation of his case.
2. After
his opening statement, if made, and the respondent's statement of the defense,
if not reserved, the petitioner shall present his case in chief in support of
the petition.
3. Upon conclusion of
the petitioner's case in chief, the respondent may move for dismissal of the
petition. The hearing examiner may grant, deny, or reserve decision on the
motion, with or without argument.
4. If no motion to dismiss is made, or if
such motion is denied or decision is reserved thereon, the respondent shall
then present his case in defense.
5. Upon conclusion of the respondent's case,
the petitioner may present rebuttal evidence.
6. After the presentation of the evidence by
the parties, the petitioner may present a closing argument. The respondent may
then present his closing argument and the petitioner may then present a
rebuttal argument. Thereafter the matter will stand submitted for
decision.
(b) All or
part of the hearing may be conducted by telephone.
(c) The hearing must be recorded by the
hearing examiner on audio tape or other means of sound reproduction, unless it
is reported stenographically for a party at the party's own expense, in which
case the party must provide the original hearing transcript to the hearing
examiner.
(d) Unless otherwise
ordered by the hearing examiner, the parties may submit written memoranda of
points and authorities at any time before the hearing. The hearing examiner may
order or allow the parties to file written memoranda of points and authorities
after the conclusion of the hearing.
(Adopted: 09/25/1991; Amended: 03/29/1993.)
Notes
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