California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings › Article 7 - Evidence › Section 2655.6 - Prepared Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prepared direct testimony, in narrative statement or question and answer
				  format, of each direct witness expected to be called to testify by the
				  applicant in a proceeding, shall be filed and served on all parties at least
				  forty (40) business days before the first day of the evidentiary hearing.
				  Prepared direct testimony, in narrative statement or question and answer
				  format, of each direct witness expected to be called to testify in a proceeding
				  by any party other than the applicant, shall be filed and served on all parties
				  no later than twenty (20) business days after service of the applicant's
				  prepared direct testimony. Prepared direct testimony shall be signed under
				  penalty of perjury under the laws of the state of California. Expert witness
				  testimony shall be accompanied by the witnesses' curriculum vitae and list of
				  authored or co-authored publications. Additionally, any documents reviewed by
				  the expert for purposes of testifying in the specific case that were not
				  previously provided to the other parties shall be produced with the
				  testimony.
(b) Within five (5)
				  business days of service of any prepared direct testimony, any party may file a
				  motion to strike all or part of the testimony. The motion shall state the
				  specific page(s) and line(s) to which the party is objecting, and the specific
				  legal authority for the objection. Within five (5) business days of service of
				  a motion to strike, the party filing the prepared direct testimony may respond
				  to the motion to strike. A hearing on any motion to strike shall be held within
				  five (5) business days of service of any response to the motion to strike. At
				  or before the commencement of the hearing on the motion to strike, the
				  administrative law judge shall inform the parties of the administrative law
				  judge's tentative ruling on the motion. The administrative law judge shall rule
				  on the motion to strike no later than two (2) business days after the hearing
				  on the motion to strike. Any testimony not objected to and any testimony not
				  stricken, together with exhibits referenced in that testimony, shall be deemed
				  admitted.
(c) If rebuttal prepared
				  testimony is allowed, motions to strike may be made orally and ruled upon
				  immediately in order to expedite the proceeding.
(d) At the evidentiary hearing, the person
				  whose prepared testimony is being offered shall be available for
				  cross-examination by all parties.
(e) Prepared testimony of more than twenty
				  (20) pages shall contain a subject index.
(f) This section is not intended to replace
				  the provisions of Government Code section
				  11514.
1. New
					 section filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-18-95 order transmitted to
					 OAL 12-18-95 and filed 2-1-96 (Register 96, No. 5).
3. Amendment of
					 section and NOTE filed 10-16-2002; operative 11-15-2002 (Register 2002, No.
					 42).
4. Change without regulatory effect amending subsection (b)
					 filed 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						1861.055,
						Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections
						1861.055
						and
						1861.08,
						Insurance Code; Sections
						11507.6,
						11511 and
						11513,
						Government Code; Section
						801(b),
						Evidence Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al.,
						48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8
						Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847
						(1994).