Rock Products

MAY 2016

Rock Products is the aggregates industry's leading source for market analysis and technology solutions, delivering critical content focusing on aggregates-processing equipment; operational efficiencies; management best practices; comprehensive market

Issue link: https://rock.epubxp.com/i/673147

Contents of this Issue

Navigation

Page 55 of 67

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!

Articles in this issue

Links on this page

Archives of this issue

view archives of Rock Products - MAY 2016