28 CFR § 76.12 - Prehearing statements.

---
identifier: "/us/cfr/t28/s76.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 76.12 - Prehearing statements."
title_number: 28
title_name: "Judicial Administration"
section_number: "76.12"
section_name: "Prehearing statements."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "76"
part_name: "RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted."
cfr_part: "76"
---


# 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.