Section 31-348. EXHIBITS AND OTHER DOCUMENTARY EVIDENCE

 

348.1When written exhibits are offered in evidence, one (1) copy shall be furnished to each of the parties at the hearing unless the parties have been furnished previously with copies or the Chairperson directs otherwise.

 

348.2If the Chairperson has not fixed a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practical time, preferably before the hearing or, at the latest, at the commencement of the hearing.

 

348.3At his or her discretion, the Chairperson may permit a party to withdraw original documents offered in evidence and substitute true copies.

 

348.4Documentary evidence may be received in the form of copies or excerpts if the original is not available.

 

348.5Upon request, parties shall be given an opportunity to compare the copy with the original when available.

 

348.6When relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. The immaterial and irrelevant parts shall be excluded and shall be segregated insofar as is practicable.

 

348.7If the Chairperson so directs, the relevant or material matter may be read into the record, or, if the Chairperson so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies shall be delivered by the party offering the same to opposing parties or to their attorneys appearing at the hearing, who shall be afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof.

 

348.8In case any portion of the record in any other proceeding or civil or criminal action is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless one of the following occurs:

 

(a)The party offering the same agrees unconditionally to supply the copies later, or when required by the Chairperson;

 

(b)The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference; or

 

(c)The Chairperson directs the incorporation by reference or waives the above requirement with the consent of the parties.

 

348.9No document or other writing shall be accepted for the record after the close of the hearing, except in accordance with an agreement of the parties and the consent of the Chairperson.

 

source

Final Rulemaking published at 34 DCR 6751, 6783 (October 23, 1987).