Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 031 - BUREAU OF INSURANCE › Chapter 350 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 031-350-15 - Prefiled testimony and exhibits

Current through 2024-29, July 17, 2024
The prefiling of each party's direct case, including
				  testimony and exhibits, shall be required in any worker's compensation rate
				  proceeding subject to 39 M.R.S.A. Section22-C and in any other proceeding in
				  which the Superintendent in his discretion may deem such a requirement to be
				  appropriate. Prefiling shall be subject to a schedule established by the
				  Superintendent by order issued following a prehearing conference or otherwise,
				  and shall be subject to the following further provisions.
A. Parties to the case shall file with the
				Superintendent such number of copies as the Superintendent may order, of all
				testimony and exhibits of each witness whom they propose to present in support
				of their direct cases. Two (2) copies of such testimony and exhibits shall be
				served on each party at the time that such testimony and exhibits are filed
				with the Superintendent. If the pre-filed direct testimony described in this
				paragraph is filed prior to the decision by the Superintendent regarding
				petitions to intervene, additional copies of such testimony and exhibits shall
				be served on each proposed intervenor within two (2) days of the date that the
				party filing the testimony and exhibits receives notice of the petition to
				intervene.
B. Prefiled testimony
				shall be in writing and shall be presented in double-spaced print or typescript
				in the form of questions and answers that would render similar oral testimony
				admissible. Pre-filed exhibits may be attached to the testimony, provided that
				they are referred to, identified, and introduced in the pre-filed testimony.
				Pre-filed written testimony shall have numbered pages and include line numbers
				on each page, in the left hand margin, except as otherwise permitted by the
				Superintendent. Each party may file with its pre-filed testimony and exhibits
				an opening statement, containing a narrative summary of the testimony and
				exhibits and the fact(s) that they are intended to establish.
C. A witness while under oath, may supplement
				and explain his pre-filed testimony and exhibits by filing amendments thereto
				in writing or by oral testimony. Such supplementation and explanation shall not
				substantially alter the subject matter of the testimony, except to the extent
				that information which was not available and which could not have been obtained
				through the exercise of due diligence at the time of preparation of the
				testimony may affect the nature of the presentation. Pre-filed testimony shall
				be introduced into the record by the oral testimony of the witness under oath,
				after which it may be offered as an exhibit, with the same effect as if the
				testimony had been given orally in its entirety. Each witness sponsoring
				pre-filed direct testimony shall be subject to oral cross-examination.
				Re-direct examination will be conducted orally and will be limited to matters
				raised during cross-examination. Objection to pre-filed testimony or exhibits
				may be made at the time that testimony or exhibits are offered at the oral
				hearing.