West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-13 - Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General.
In the investigations, preparations and hearings of cases,
				  the Commission shall not be bound by the technical rules of pleadings and
				  evidence, but in that respect it may exercise such discretion as will
				  facilitate its efforts to understand and learn all the facts bearing upon the
				  right and justice of the matters before it. Evidence may be received which, in
				  the opinion of the Commission, is the best evidence reasonably obtainable,
				  having due regard to its necessity, availability and trustworthiness. In
				  passing upon the admissibility of evidence, the Commission shall give
				  consideration to, but shall not be bound to follow, the rules of evidence
				  governing general civil procedures in courts of this State.
13.2. Testimony under oath.
All testimony to be considered by the Commission in formal
				  hearings, except matters administratively noticed or entered by stipulation,
				  shall be by sworn or affirmed testimony.
13.3. Prepared testimony.
Prepared testimony may be identified, marked and received as
				  an exhibit. Admissibility shall be subject to the rules governing oral
				  testimony. The party submitting prepared testimony shall supply copies to all
				  parties of record.
13.4.
				Stipulation of facts.
The parties to any proceeding or investigation before the
				  Commission may, by stipulation in writing filed with the Executive Secretary,
				  or entered in the record, agree upon the facts, or any portion thereof,
				  involved in the controversy, which stipulation 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.
13.5. Depositions.
The testimony of any witness may be taken by deposition at
				  the request of a party, in any proceeding or investigation at any time after
				  the same is at issue, by the consent of the Commission. The Commission may, on
				  its own motion, order testimony to be taken by deposition in any proceeding or
				  investigation pending before it, at any stage of such proceeding or
				  investigation. Such deposition shall be taken in the manner prescribed by the
				  laws of West Virginia for taking deposition in civil cases in courts of
				  record.
13.6. Discovery
				Requests.
13.6.1. "Discovery requests" as
				used in these Rules, include interrogatories, requests for the production of
				documents and things, and requests for admissions. Discovery requests do not
				include Staff or Commission requests made pursuant to statutory
				authority.
13.6.2. A party may
				serve discovery requests in writing upon the attorney for a party, if such
				party is represented by an attorney, or directly upon unrepresented parties, by
				first class mail, email or by hand delivery. Discovery requests must be
				pertinent to substantial issues in the proceeding. Copies of discovery
				requests, together with a certificate of service, shall be filed with the
				Executive Secretary and served upon all parties.
13.6.3. Parties served with discovery
				requests shall respond to each request separately and fully, in writing. The
				responses shall re-state each request, and give the response to that request.
				The party responding shall verify the responses. If responses prepared by
				several persons are compiled by one person the person compiling the responses
				shall verify the responses one time. Responses to discovery requests shall be
				served within twenty (20) days after such discovery requests were served, or
				within such specified time as may be fixed by the Commission. Responses shall
				be served only upon the requesting party and any other party that has made a
				written request for the responses. The party responding shall file one (1) copy
				with the Executive Secretary.
13.6.3.a.
				Responses to discovery requests are not part of the evidentiary record of a
				case unless identified responses are made a part of the record by the parties
				or by Commission order.
13.6.4. The party responding to discovery
				requests shall file any written objections to discovery requests within
				fourteen (14) days after service of discovery requests or such shorter time as
				directed by the Commission. The responding party may defer responses to
				discovery requests to which it has made objection until the Commission rules on
				any motion to compel. If a motion to compel is granted, the responses shall be
				served within ten (10) days after notice of the Commission's action, or as
				otherwise ordered by the Commission.
13.6.5. Objections to discovery requests not
				timely filed are waived, except for good cause shown.
13.6.6. The Commission will not resolve
				discovery disputes unless a motion is filed seeking Commission action. The
				parties have the responsibility to file timely discovery motions, including
				motions to compel the production of information or motions seeking protective
				orders.