Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.10 - Prefiled Testimony and Exhibits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission or presiding officer may
			 order the parties to file prefiled testimony and exhibits prior to the hearing.
			 The use of prefiled testimony is the standard method for providing testimony in
			 commission contested case and other proceedings. Parties shall file the
			 prefiled testimony and exhibits according to the schedule in the procedural
			 order.
(2) Prefiled testimony
			 contains all statements that a witness intends to give under oath at the
			 hearing, set forth in question and answer form. If possible, each line should
			 be separately numbered. When a witness who has submitted prefiled testimony
			 takes the stand, the witness does not ordinarily repeat the written testimony
			 or give new testimony. Instead, the witness is cross-examined by the other
			 parties concerning the statements already made in writing. However, the witness
			 may be permitted to correct or update prefiled testimony on the stand and, in
			 appropriate circumstances and with the approval of the commission or presiding
			 officer, may give a summary of the prefiled testimony. If the witness has more
			 than three corrections to make to the prefiled testimony or exhibits, then the
			 corrected testimony or exhibits should be filed in the appropriate docket in
			 the commission's electronic filing system at least three days prior to the
			 hearing. The prefiled testimony and any exhibits shall be marked and identified
			 in conformance with the commission's approved naming convention provided on the
			 commission's electronic filing system website or as directed in a commission
			 order.
(3) Parties who wish to
			 present a witness or other evidence in a proceeding shall comply with the
			 commission's or presiding officer's order concerning prefiled testimony and
			 exhibits, unless otherwise ordered, or unless otherwise provided by statute or
			 other provision of law.
(4) Prefiled
			 testimony and exhibits must be accompanied by an affidavit in substantially the
			 following form: "I, [person's name], being first duly sworn on oath, state that
			 I am the same [person's name] identified in the testimony being filed with this
			 affidavit, that I have caused the testimony [and exhibits] to be prepared and
			 am familiar with its contents, and that the testimony [and exhibits] is true
			 and correct to the best of my knowledge and belief as of the date of this
			 affidavit."
(5) Prefiled testimony
			 and exhibits shall be filed in the commission's electronic filing system in
			 conformance with subrule 7.10(2), and any supporting documents shall be filed
			 as follows:
a. All supporting workpapers.
(1) Electronic workpapers in native
			 electronic formats shall comply with the commission's standards for electronic
			 information, which are available on the commission's website or from the
			 commission's customer service center.
(2) Workpapers' underlying analyses and data
			 presented in exhibits shall be explicitly referenced within the exhibit,
			 including the name and other identifiers (e.g., cell coordinates) for
			 electronic workpapers, and volume, tab, and page numbers for other
			 workpapers.
(3) The source of any
			 number used in a workpaper that was not generated by that workpaper shall be
			 identified.