54 • ROCK products • May 2016 www.rockproducts.com
LAW
engage in settlement discussions to try and resolve the mat-
ter short of hearing. In fact, the judge will likely require the
parties engage in settlement discussions and will ask the
parties to report back on their progress before setting the
case for hearing.
Set for Hearing
Once the case is set for hearing, outline your arguments for
court. List what points you are going to make at hearing and
then list which witnesses and documents you need to make
those points. Be sure to use MSHA's website as a resource.
If you are challenging the gravity of a citation be sure to look
at MSHA's Citation and Order Writing Handbook for Coal
Mines and Metal and Nonmetal Mines, available on their site.
This will help you flesh out arguments about what it means
for a citation to be high negligence or S&S.; Also, be sure to
look at MSHA's Program Policy Manual for more information
about the particular standard you are challenging.
There might also be helpful information in Program Pol-
icy Bulletins, Procedure Instruction Letters, or on the Data
Retrieval System. Case law can be found on the Federal Mine
Safety Health Review Commission website at www.fmshrc.
gov. There is a search tool on the website. Look for cases
involving similar standards at issue in your case under either
Part 56 or 57.
Write as much in advance as you can. Are you calling two wit-
nesses? Write down the questions for each. Also write down
questions you would like to ask the inspector. The judge
might also give you a minute or two to make an opening or
closing argument. Prepare both just in case.
Be Confident
Last, be confident. Public speaking can be tricky for some.
Take a few practice runs with a team member in your office
listening in so you can practice asking your witnesses ques-
tions and making your opening and closing arguments. The
judge will likely have patience with a pro se operator, but just
in case they do not, go in prepared and ready to perform.
Managing your case can be as simple or as complicated as
you'd like. Of course, you have options to serve written dis-
covery or take depositions, or do more in-depth research,
but your case might not require that level of work. There is
no need to complicate a simple matter. Just be organized,
be professional, set your best foot forward, and get it done.
Of course, if you need help, you can always try to get a bit of
advice from an attorney. Good luck!