52 Pa. Code § 1005.112 - Presentation by parties
(a) A party
has the right of presentation of evidence, cross-examination, objection, motion
and argument subject to the limitations of this subpart. The taking of evidence
and subsequent proceedings shall proceed with reasonable diligence and with the
least practicable delay.
(b) When
an objection to the admission or exclusion of evidence before the Authority or
the presiding officer is made, the ground relied upon shall be stated briefly.
A formal exception is unnecessary and may not be taken to rulings
thereon.
(c) The Authority or
presiding officer may require or allow a factual statement of the scope of a
pleading or the position of a party in the proceeding. Facts admitted on the
record by a party or by testimony, exhibits or in writing, need not be further
proved.
(d) The Authority or the
presiding officer may limit appropriately the number of witnesses who may be
heard upon an issue.
(e) A party
will not be permitted to introduce evidence during a rebuttal phase which:
(1) Is repetitive.
(2) Should have been included in the party's
case-in-chief.
(3) Substantially
varies from the party's case-in-chief.
(f) If a party conducts friendly
cross-examination of a witness, the presiding officer may permit the other
parties a second opportunity to cross-examine after friendly cross-examination
is completed. The recross-examination shall be limited to the issues on which
there was friendly cross-examination.
(g) Subsections (a)-(f) supersede 1 Pa. Code
§35.126 (relating to presentation by the parties).
Notes
This section cited in 52 Pa. Code § 1005.111 (relating to order of procedure).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.