Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.10 - Prefiled Testimony and Exhibits

Current through June 14, 2024
A. The prefiling of
				  each Party's direct case, including testimony and exhibits, shall be required
				  in any property and casualty or workers' compensation insurance Rate
				  proceeding. If any Party other than the Filer does not desire to present a
				  direct case, such Party shall so inform the Director or Hearing Officer not
				  later than the pre-hearing conference. Notwithstanding the foregoing, a Party
				  not desiring to present a direct case may, not later than ten (10) days prior
				  to the commencement of the final hearing, move to request to file direct
				  testimony and exhibits in accordance herewith. Prefiling shall be subject to a
				  schedule established by the Director or Hearing Officer by order issued
				  preceding a prehearing conference or otherwise, and shall be subject to the
				  following further provisions:
1. Parties to
				  the case shall file with the Director or Hearing Officer, in such number of
				  copies as the Director or Hearing Officer may order, 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 Director or
				  Hearing Officer. If the prefiled direct testimony described in this paragraph
				  is filed prior to the decision by the Director or Hearing Officer 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.
2. 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. Prefiled exhibits may be attached to the testimony, provided that
				  they are referred to, identified, and introduced in the prefiled testimony.
				  Prefiled written testimony shall have numbered pages and include line numbers
				  on each page, in the left hand margin, except as otherwise permitted by the
				  Director or Hearing Officer. Each Party may file an opening statement with its
				  prefiled testimony and exhibits containing a narrative summary of the testimony
				  and exhibits and the fact(s) that they are intended to establish.
3. A witness while under oath, may
				  supplement, correct and explain his or her prefiled testimony and exhibits by
				  filing amendments thereto in writing or by oral testimony. Such
				  supplementation, correction and explanation shall not substantially alter the
				  subject matter of the testimony unless a change of circumstance which is
				  clearly identifiable has developed, 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. Prefiled 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 presenting prefiled 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 prefiled testimony or exhibits may be made at the time that
				  testimony or exhibits are offered at the oral hearing.