Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-4 - RULES OF PRACTICE › Section 770-X-4-.17 - Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
					will generally follow the established rules of evidence applicable to civil
					actions at law and will depart therefrom only when it appears that such
					departure will preserve the substantial rights of the parties.
(2) All testimony except as otherwise
					directed must be given on oath or affirmation of the witness.
(3) In lieu of oral examination, parties may,
					at the discretion of the Commission or the presiding Commissioner or
					Administrative Law Judge, present the direct or redirect examination of a
					witness through prefiled testimony. Such prefiled testimony shall be in
					written, question and answer form and shall be filed at least 10 calendar days
					prior to the hearing unless directed otherwise by the Commission or the
					presiding Commissioner or Administrative Law Judge. At the hearing, such
					prefiled testimony may, upon motion, be incorporated into the record as if the
					questions had been asked of the witness, and the answers had been given by the
					witness orally, provided such testimony has been properly identified and
					authenticated under oath by the witness for whom it is presented and further
					provided that such witness is agreeable to submitting to
					cross-examination.
(4)
					Cross-examinations that are purely prejudicial or designed to embarrass a
					witness shall not be allowed. This type of examination will be interrupted and
					not permitted. The Commission reserves the right to limit the number of
					witnesses under testimony which may be merely cumulative.
(5) No person will be permitted to make a
					statement of fact or present any argument pro or con in a formal hearing before
					the Commission, unless the person will submit to an oath or affirmation and
					unless that person is agreeable to submitting to cross-examination. The
					foregoing, of course, does not apply to duly authorized attorneys-at-law in
					presenting arguments to the Commission.
(6) Except as to reports and records made and
					preserved in the Commission in its regular course of business, the Commission
					will not ordinarily admit letters or other writings in evidence unless the
					signers thereof are available at the hearing for cross-examination. There is no
					way for the Commission to refuse to receive such writings when sent through the
					mails or otherwise, but they will not be admitted as evidence or in any other
					manner made a part of a formal record. Likewise, resolutions adopted by the
					governing bodies of cities, towns, counties or other municipal corporations,
					chambers of commerce, boards of trade or other civic organizations shall not be
					admitted in evidence unless the president, secretary or other proper officer
					who was present at the meeting when the resolution was adopted and heard all
					discussion leading up to the adoption of same is available at the hearing for
					cross-examination. Any statements of fact contained in such resolutions shall
					not be deemed proof of those facts but shall be subject to proof.
(7) Ordinarily in a formal proceeding, the
					Commission will not permit the incorporation of all or part of a record
					previously made unless the party offering such previous record produces
					certified copies thereof for introduction in evidence in sufficient number to
					supply the record then being made and all interested parties with a copy
					thereof. The Commission will, when requested to do so, take official notice of
					its previous decisions based upon prior record referred to, which should
					suffice in most instances. Likewise, the Commission generally will not permit
					the introduction of written testimony of any kind unless sufficient copies are
					available to parties adversely interested.
(8) Exhibits or statements tendered for the
					purpose of showing transit times, revenue derived or subject to loss or
					diversion and traffic studies must be supported by underlying documents
					compiled from business records to be admissible into the record.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§§
										37-1-38,
							37-1-63,
							37-1-86,
							37-1-89,
							37-3-28.