Code of Maine Rules › 95 - INDEPENDENT AGENCIES › 629 - DIRIGO HEALTH AGENCY › Chapter 4 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 629-4-15 - Prefiled testimony and exhibits

Current through 2024-29, July 17, 2024
The pre-filing of all or a portion of each party's direct
				  case, including testimony and exhibits, shall be required in any proceeding in
				  which the Board, at its discretion, may deem such a requirement to be
				  appropriate. Pre-filing shall be subject to a schedule established by the Board
				  by order issued following a prehearing conference or otherwise, and shall also
				  be subject to the provisions described below.
A.
Number of copies.
Parties to
				the case shall file with the Board such number of copies as the Board 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 Board. If the pre-filed direct testimony described
				in this paragraph is filed prior to the decision by the Board 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.
Submissions to
				be in writing.
Pre-filed testimony shall be in writing and shall be
				presented 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 Board. 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 or
				facts they are trying to establish.
C.
Supplementation of pre-filed
				testimony.
A witness, while under oath, may supplement and explain his
				or her pre-filed testimony and exhibits by filing written amendments thereto,
				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.
D.
Entry into the record.
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.