02-031 C.M.R. ch. 350, § 14 - Exhibits

Current through 2022-14, April 6, 2022

A. Technical Matter. When evidence to be presented consist of technical matter or figures so numerous to make oral presentation difficult to follow, it shall be presented in exhibit form, supplemented and explained by oral testimony.

B. Withdrawal of Exhibits. No exhibit received in evidence may be withdrawn except with the approval of the presiding officer at the hearing.

C. Late-Filed Exhibits.

(1) The presiding officer may, in his discretion, allow documentary evidence that is unavailable at the time of hearing to be marked as a late-filed exhibit and offered as evidence after the close of hearing if (a) the evidence proposed to be submitted is described at the hearing with sufficient particularity to apprise all parties of its content and purpose; and (b) the parties agree that the evidence may be offered as a late-filed exhibit, or the presiding officer so orders.

(2) Unless another date or dates are specified by the presiding officer, late-filed exhibits may be offered no later than ten (10) days after the last day upon which a hearing is held or five (5) days before the first date on which briefs must be submitted, whichever is earlier. A copy of each late-filed exhibit must be provided to each party at the same time that it is offered.

(3)The agreement of the parties or the order of the presiding officer to allow the offering of such an exhibit shall not constitute admission of that document into evidence. Any party may, within five (5) days after an offer of any late-filed exhibit, object to its admission and/or request an opportunity to conduct cross-examination or to present rebuttal evidence in connection with the exhibit, unless that party has plainly and specifically waived its rights to do so on the record of the hearing at which leave to offer the exhibit was granted.

(4) No less than five (5) days after the offer the presiding officer shall rule on the admissibility of each late-filed exhibit and include his ruling in the record of the proceeding. If a timely and valid objection or request for opportunity to cross-examine or to offer rebuttal has been made, the presiding officer may, in his discretion, either (a) exclude the exhibit; or (b) schedule a supplementary hearing to receive further evidence and rule on admissibility of the exhibit. In no event shall a supplemental hearing be scheduled if such would result in extending the time reasonably necessary for decision on the merits of the proceeding beyond the end of a period, fixed by statute or rule, within which the Superintendent is required to render his final order.

Notes

02-031 C.M.R. ch. 350, § 14