The prefiling of each party's direct case, including
testimony and exhibits, shall be required in any worker's compensation rate
proceeding subject to 39 M.R.S.A. Section22-C and in any other proceeding in
which the Superintendent in his discretion may deem such a requirement to be
appropriate. Prefiling shall be subject to a schedule established by the
Superintendent by order issued following a prehearing conference or otherwise,
and shall be subject to the following further provisions.
A. Parties to the case shall file with the
Superintendent such number of copies as the Superintendent may order, of all
testimony and exhibits of each witness whom they propose to present in support
of their direct cases. Two (2) copies of such testimony and exhibits shall be
served on each party at the time that such testimony and exhibits are filed
with the Superintendent. If the pre-filed direct testimony described in this
paragraph is filed prior to the decision by the Superintendent regarding
petitions to intervene, additional copies of such testimony and exhibits shall
be served on each proposed intervenor within two (2) days of the date that the
party filing the testimony and exhibits receives notice of the petition to
intervene.
B. Prefiled testimony
shall be in writing and shall be presented in double-spaced print or typescript
in the form of questions and answers that would render similar oral testimony
admissible. Pre-filed exhibits may be attached to the testimony, provided that
they are referred to, identified, and introduced in the pre-filed testimony.
Pre-filed written testimony shall have numbered pages and include line numbers
on each page, in the left hand margin, except as otherwise permitted by the
Superintendent. Each party may file with its pre-filed testimony and exhibits
an opening statement, containing a narrative summary of the testimony and
exhibits and the fact(s) that they are intended to establish.
C. A witness while under oath, may supplement
and explain his pre-filed testimony and exhibits by filing amendments thereto
in writing or by oral testimony. Such supplementation and explanation shall not
substantially alter the subject matter of the testimony, except to the extent
that information which was not available and which could not have been obtained
through the exercise of due diligence at the time of preparation of the
testimony may affect the nature of the presentation. Pre-filed testimony shall
be introduced into the record by the oral testimony of the witness under oath,
after which it may be offered as an exhibit, with the same effect as if the
testimony had been given orally in its entirety. Each witness sponsoring
pre-filed direct testimony shall be subject to oral cross-examination.
Re-direct examination will be conducted orally and will be limited to matters
raised during cross-examination. Objection to pre-filed testimony or exhibits
may be made at the time that testimony or exhibits are offered at the oral
hearing.
