270-3 Wyo. Code R. §§ 3-1 - Evidence
(a) Generally, the taking of evidence at the
evidentiary contested case hearing shall be governed by Wyo. Stat. Ann. §
16-3-108 and case law thereunder.
(b) Evidence may be received in written form,
yet if such written evidence would not be admissible under the Wyoming Rules of
Evidence, all parties should be afforded a reasonable opportunity to confront and
cross-examine the author of the written evidence. Generally, such a reasonable
opportunity is afforded by giving all parties written notice of the intent to
introduce and rely upon the written evidence a reasonable period of time prior to
the scheduled evidentiary hearing.
(c) Irrelevant, immaterial or unduly
repetitious evidence shall be excluded.
(d) Effect shall be given to the rules of
privilege as recognized by Wyoming law.
(e) Administrative notice may be taken of
judicially cognizable facts, provided the parties are properly notified of any
material facts noticed.
(f) Unless
otherwise provided by law, the party generally with the burden of proof will be
the first to present evidence, all other parties being allowed to cross-examine
in an orderly fashion. When that party rests, other parties will then be allowed
to present their evidence, again allowing for orderly cross-examination. Rebuttal
and surrebuttal evidence will be allowed only in the discretion of the presiding
officer.
Notes
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