Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.130 - Evidence

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the rules of evidence
				  in any hearing before the commission.
(1) In any hearing, these rules supplement
				section
				536.070,
				RSMo.
(2) If any information
				contained in a document on file as a public record with the commission is
				offered in evidence, the document need not be produced as an exhibit unless
				directed otherwise by the presiding officer, but may be received in evidence by
				reference, provided that the particular portions of the document shall be
				specifically identified and are relevant and material. The information may be
				assigned an exhibit number for identification.
(3) The presiding officer shall rule on the
				admissibility of all evidence. Evidence to which an objection is sustained, at
				the request of the party seeking to introduce the same or at the instance of
				the commission, nevertheless may be heard and preserved in the record, together
				with any cross-examination with respect to the evidence and any rebuttal of the
				evidence, unless it is wholly irrelevant, repetitious, privileged or unduly
				long. When objections are made to the admission or exclusion of evidence, the
				grounds relied upon shall be stated briefly. Formal exceptions to rulings shall
				be unnecessary and need not be taken.
(4) In extraordinary circumstances where
				prompt decision by the commission is necessary to promote substantial justice,
				the presiding officer may refer a matter to the commission for determination
				during the progress of the hearing.
(5) The rules of privilege are effective to
				the same extent that they are in civil actions.
(6) Format for Prepared Testimony.
(A) It shall be typed or printed, in black
				type on a white page that is eight and one-half inches by eleven inches (8 1/2"
				× 11").
(B) It shall be
				double-spaced and have pages numbered consecutively at the bottom right-hand
				corner or bottom center beginning with the first page as page 1.
(C) If not filed electronically, it shall be
				filed unfolded and stapled together at the top left-hand margin or bound at an
				edge in booklet form.
(D) It shall
				have at least a one-inch (1") margin on the top, bottom, and both
				sides.
(E) Schedules shall bear the
				word "schedule," and the number of the schedule shall be typed in the lower
				right-hand margin of the first page of the schedule.
(F) All prepared testimony and other exhibits
				and schedules shall contain the following information in the following format
				on the upper right-hand corner of a cover sheet:
Exhibit No.: ( To be marked by the hearing reporter)
Issue: (If known at the time of filing)
Witness: (Full name of witness)
Type of Exhibit: (Specify whether direct, rebuttal, or other
				  type of exhibit)
Sponsoring Party:
Case No.:
Date Testimony Prepared:
(G) It shall be filed on line-numbered
				pages.
(H) Testimony that addresses
				more than one (1) issue shall contain a table of contents.
(I) Electronically filed prepared testimony
				shall be formatted and labeled in the same manner as paper filings.
(J) Printing on both sides of the page is
				encouraged.