34 Tex. Admin. Code § 67.77 - Introduction of Exhibits
(a) Form of
exhibits. Exhibits of documentary character shall be of a size which will not
unduly encumber the files and records of the Examiner, Board or its designee,
and whenever practicable, shall conform to the requirements of §
67.27 of this chapter (relating to
form and content of Pleadings). Exhibits shall be limited to facts that are
material and relevant to the issues involved in a particular
Proceeding.
(b) Tender and service.
The original of each exhibit offered shall be tendered to the Examiner for
identification. One copy shall be furnished to the Party or his Authorized
Representative. Written or printed documents received in evidence may not be
withdrawn except with the approval of the Examiner.
(c) Excluded exhibits. In the event an
exhibit has been identified, and not admitted into evidence, the Examiner shall
determine whether or not the Party offering the exhibit withdraws the offer,
and if so, permit the return of the exhibit to him. If the excluded exhibit is
not withdrawn, it shall be given an exhibit number for identification, shall be
endorsed by the Examiner with his ruling, and shall be included in the record
for the purpose only of preserving an exception made to the Examiner's ruling
that the exhibit is not admissible.
(d) Late exhibits. Unless specifically
directed by the Examiner and upon a showing of good cause, no exhibit shall be
filed in any Proceeding after the conclusion of the hearing, and then only
after a copy of the exhibit has been served on all Parties, and all Parties
have been afforded an opportunity to conduct further discovery,
cross-examination and offer rebuttal evidence regarding such late
exhibit.
Notes
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