ORDERS:
AMENDED ORDER FOR CONSOLIDATION & NOTICE AND ORDEROF HEARING
This
matter is currently pending before the South Carolina Administrative Law Court,
along with case 07-ALJ-17-0140-CC. On June 1, 2007, the Petitioner requested a
Consolidation in the cases. The Respondent did not respond to the request. It
appears that the facts, circumstances, and issues are common to the cases, that
both cases involve the same questions of law and facts, and that the same or
substantially similar evidence will be relevant. Therefore, in the interest of
judicial economy and with the consent of the Parties, it is hereby ORDERED that these matters are consolidated into one contested case as provided in ALC
Rule 19 (D).
IT
IS FURTHER ORDERED that the caption in this matter will read “First Palmer
Trust c/o Hugh A. Palmer, Trustee, Petitioner, vs. Richland County Assessor,
Respondent In Re: Tax map Numbers R17005-03-06 & R17005-03-10” and shall
bear Docket No.07-ALJ-17-0128-CC. The file for First Palmer Trust c/o Hugh A.
Palmer, Trustee, Petitioner vs. Richland County Assessor, Respondent. In Re:
Tax Map Number R17005-03-06, Docket No.07-ALJ-17-0140-CC shall be closed and
merged into case 07-ALJ-17-0128-CC, First Palmer Trust c/o Hugh A. Palmer,
Trustee, Petitioner, vs. Richland County Assessor, Respondent. In Re: Tax Map
Number R17005-03-10.
AND
IT IS FURTHER ORDERED that this action will be heard on the merits before
the undersigned Administrative Law Judge at10:00 AM, Wednesday, January
16, 2008 at The Administrative Law Court hearing room, 2nd Floor,
Edgar A. Brown Building, 1205 Pendleton Street, Columbia, South Carolina.
This hearing is scheduled for four hours.
AT
LEAST FIFTEEN (15) DAYS BEFORE THE TRIAL DATE, PARTIES MUST PROVIDE COPIES OF
ANY EXHIBITS TO BE OFFERED AT TRIAL (1) TO THE COURT AND (2) TO ALL OPPOSING
PARTIES OR COUNSEL. YOUR EXHIBITS MAY NOT BE ADMITTED AT TRIAL IF YOU
DO NOT COMPLY. Any documents or records which are over ten (10) pages in
length should have numbered pages. PLEASE ARRIVE AT THE HEARING AT LEAST TWENTY (20) MINUTES IN ADVANCE TO GIVE THE COURT REPORTER TIME TO MARK THE
ORIGINAL EXHIBITS YOU INTEND TO OFFER AT TRIAL.
1. This hearing will be conducted in accordance with
the Rules of Procedure of the Administrative Law
Court, a copy of which is available from the Clerk of the
Court upon payment of costs, or which may be
downloaded from the website: www.scalc.net.
2. Unless
otherwise determined by the Administrative Law Judge, the hearing will proceed
as follows:
a. Call
of the case;
b. Motions
and other preliminary matters;
c. Stipulations,
agreements, or consent orders entered into the record;
d. Opening
statements, not to exceed ten (10) minutes, with the party requesting the contested
hearing proceeding first;
e. Presentation
of evidence;
f. Final
arguments, not to exceed fifteen (15) minutes, with the party requesting the contested
hearing opening and closing.
3. All
parties are notified to bring all documents, records, and witnesses needed to
present the party’s case. NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE
PRESENTATION OF EVIDENCE, THE PARTY PRESENTING THE EVIDENCE IS RESPONSIBLE FOR
OBTAINING THE EQUIPMENT AND ITS CUSTODY.
4. Subpoenas
are available to the parties pursuant to S.C. Code Ann. § 1-23-320(d)
(Supp. 2006) and
the rules of the Court, to compel the attendance of witnesses or for the
production of documents at the hearing. The parties are responsible for the
service of the subpoenas.
5. A
party may represent himself or may be represented by an attorney at the
hearing. An attorney representing a party must file a notice of representation
with the Court and with all opposing parties immediately after his or her
services have been retained.
6. FAILURE TO APPEAR AT
THE HEARING MAY RESULT IN:
a. A
finding that the party who fails to appear does not object to the relief of
which notice has been given;
b. Dismissal
of the case or striking of the pleadings of the party who fails to appear;
c. Exclusion
of evidence proffered by the party who fails to appear; or
d. Such other rulings as are deemed appropriate by the
Administrative Law Judge, including a finding of civil contempt and/or a
monetary fine.
7. Continuances
will be granted only when extraordinary circumstances exist. Parties may
request continuances no later than 24 hours prior to the scheduled hearing
date. Failure to timely request a continuance may result in imposition of
court costs and court reporter fees.
8. In case of settlement or dismissal, failure
of the parties to inform the court before the
scheduled hearing that the hearing is not necessary may
result in the imposition of court costs and
court reporter fees against the parties.
AND
IT IS SO ORDERED.
______________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
October 19, 2008
Columbia, South Carolina
|
