Haw. Code R. § 16-601-45 - Prepared testimony

(a) With the approval of the presiding officer, a witness on direct examination may read into the record or summarize the witness' prepared testimony. Before any testimony is read or summarized, unless excused by the presiding officer, the witness shall deliver copies of any prepared testimony to the presiding officer, the chief clerk, and all attorneys or parties. Admissibility shall be subject to the rules governing oral testimony. If the presiding officer deems it in the interest of orderly procedure or if substantial savings in time will result, the prepared testimony may be received in evidence without reading, provided that copies of the prepared testimony are served upon all parties and the commission at least five days before the hearing, unless otherwise directed by the presiding officer.

(b) To promote an orderly hearing procedure, prepared testimony and exhibits that are filed with the commission in advance pursuant to a prehearing order shall be received in evidence without reading. Witnesses may summarize their prepared testimony during the hearing. Any amendments to the prepared direct and rebuttal testimony shall be served upon all parties and filed with the commission in accordance with the prehearing order or as the presiding officer directs. A party introducing totally new matters by revisions or supplements shall attach a sworn affidavit explaining why these matters were not submitted with the direct testimony. The commission may, if the explanation is unreasonable, reject the amended testimony. Notwithstanding that prepared testimony and exhibits are placed into evidence by this subsection, the parties to the proceeding may, during the hearing, object on evidentiary grounds to the admissibility of all or part of the prepared testimony or exhibits and move to strike the same. Notwithstanding that an applicant's or respondent's testimony and exhibits are in evidence, a party will not be precluded from presenting any motion it deems appropriate after the close of the applicant's or respondent's case.

(c) Prepared testimony shall be legible and on paper not exceeding 8-1/2 x 11 inches. Testimony shall be:

(1) Double spaced;

(2) Printed on only one side of each page; and

(3) Printed on pre-numbered lines.

Notes

Haw. Code R. § 16-601-45

[Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-31, 271G-23)