Section 31-247. EXHIBITS

 

247.1All direct and rebuttal testimony shall be prepared in the form of written exhibits.

 

247.2All revisions and corrections to case-in-chief and rebuttal exhibits shall be presented by way of replacement pages and submitted no later than three (3) business days prior to the beginning of hearings. Only the correction of minor typographical errors shall be allowed after the period.

 

247.3The title of each exhibit shall state concisely what the exhibit contains.

 

247.4Exhibits containing prepared written testimony shall contain line numbers on each page, in the left-hand margin. This testimony shall be authenticated by an appropriate affidavit of the witness. An exhibit containing rebuttal testimony shall also include the exhibit, page, and line numbers of the evidence that it purports to rebut.

 

247.5Case-in-Chief exhibits and rebuttal exhibits shall be served on each party, and twenty (20) copies shall be filed with the Secretary for use by the Panel and the staff of the Commission. In addition, one (1) copy shall be sent to the General Counsel.

 

247.6Each party shall, for the formal record, submit by 9:00 a.m. on the first hearing date in each case one (1) fully corrected set of its case-in-chief and rebuttal exhibits.

 

247.7Narrative testimony and exhibits shall be identified prior to filing as follows:

 

(a)The name of the party shall be set forth on each exhibit in the form of an acronym or initials;

 

(b)When the document to be filed is the testimony of a witness, each set of the testimony shall, following the party's initials, bear a letter (in upper case); thus, the first witness of a particular party shall have his or her testimony identified, for example, as "DOE" (A); the second witness, "DOE" (B), and so on. Each witness shall retain the same letter, however, the first witness's second set of testimony shall be lettered (2A) and so on;

 

(c)If there is an exhibit attached to the testimony of the witness, that exhibit shall bear an Arabic number. Thus, the first exhibit of the first witness would be marked, for example "DOE" (A)-1. His or her second exhibit shall be marked, for example, "DOE" (A)-2, and so on. Any exhibit attached to the second set of testimony of a witness would be marked, for example, "DOE" (2A)-1; and

 

(d)If there is no testimony submitted with the exhibit, then the exhibit shall merely bear the capitalized initials of the party and be numbered sequentially with Arabic numbers (e.g., "DOE"-1).

 

247.8The Panel may, at the hearing, sequentially number all exhibits by the insertion of a prefix number before the letters of the party.

 

247.9Not later than 9:00 a.m., of the morning of a hearing, there shall be provided to all parties and Commissioners a list of all cross-examination exhibits that the party proposes to introduce on the record. This list shall be accompanied by copies of those exhibits.

 

247.10As subsequent filings are made, the list of cross-examination exhibits shall be cumulatively updated. Any party proposing to use a document in examination of a witness shall have it marked for identification and shall distribute copies to the Panel, for the record, and to the parties by 9:00 a.m., the day of the hearing.

 

247.11The list of cross-examination exhibits shall contain the following information:

 

(a)The caption and docket number of the case;

 

(b)A title showing the party proponent of the list and the date of the list and the date of the list it supersedes, if any;

 

(c)The designation of the document in letters and numbers as the first column; and

 

(d)A description of the document in the second column.

 

source

Final Rulemaking published at 34 DCR 6715, 6742 (October 23, 1987).