North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-24 - EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Admissibility,
				Generally. - Any evidence admissible under the General Statutes of North
				Carolina, or under the rules of evidence applicable in civil actions in the
				superior court of this State, will be admissible in investigations and hearings
				before the Commission.
(b) Judicial
				Notice. - The provision with respect to judicial notice set forth in
				G.S.
				62-65(b) will apply to
				investigations and hearings before the Commission.
(c) Stipulations. - The parties to any
				proceeding or investigation before the Commission may, by stipulation in
				writing filed with the Commission or entered in the stenographic record at the
				time of the hearing, agree upon the facts or any portion thereof involved in
				the controversy, which stipulations shall be binding upon the parties thereto
				and may be regarded and used by the Commission as evidence at the hearing. It
				is desirable that the facts be thus agreed upon whenever practical. The
				Commission may, however, require proof by evidence of the facts stipulated to,
				notwithstanding the stipulation of the parties.
(d) Prepared Statements. - A witness may read
				into the record as his testimony statements of fact prepared by him, or written
				answers to questions of counsel; provided, such statements shall not include
				argument; provided, further, that before such statements are read or offered in
				evidence a copy thereof shall be delivered to the presiding officer, a copy to
				the reporter, and copies to opposing counsel, as may be directed by the
				presiding officer. The admissibility of such written statements or questions
				and answers shall be subject to the same rules as if such testimony were
				produced in the usual manner.
(e)
				Abstracts of Documents. - When documents are numerous, such as freight bills or
				bills of lading, and it is desired to offer in evidence more than a limited
				number of such documents as typical of the others, an abstract in an orderly
				manner of the relevant data from such documents shall be prepared and offered
				as an exhibit, giving other parties to the proceeding reasonable opportunity to
				examine both the abstract and the documents.
(f) Exhibits, Generally.
(1) Size and Identification. - It is
				desirable, when practical, that exhibits be on paper of uniform size not
				exceeding 81/2" x 14", and that each exhibit be distinguished from other exhibits
				by a short title descriptive of the subject matter of the exhibit, by an
				identification number or letter and by the name of the witness, and that all
				exhibits produced by a single witness be assembled and bound together, properly
				indexed, and offered as a single exhibit.
(2) Records and Documents. - For the purpose
				of identification and for the purpose of the record on appeal, all records or
				documents in the files of the Commission and other matters of a documentary
				nature when offered and admitted in evidence must be read into the stenographic
				record of the proceeding, or a true copy thereof offered as an exhibit. Records
				or documents of more than one hundred words must be offered in the form of an
				exhibit.
(3) Copies. - Not less
				than an original plus thirty (30) copies of each exhibit shall be provided for
				the use of the Commission, with an extra copy for each party to the proceeding,
				unless the Commission shall require a larger number in the particular
				case.