02-031 C.M.R. ch. 350, § 15 - Prefiled testimony and exhibits

Current through 2022-14, April 6, 2022

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.

Notes

02-031 C.M.R. ch. 350, § 15

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