OAR 860-001-0480
Testimony and Exhibits
(1)
Unless otherwise directed by the ALJ, all written testimony and exhibits must be paginated in the top right corner as follows:(2)
Each party must consecutively number its written testimony and exhibits, beginning with 100. Within each round of testimony, each witness or witnesses testifying jointly must be designated with a separate numbering series. For example, Mr. Smith, Staff’s first witness in the first round of testimony, would be assigned Staff/100. Ms. Jones, Staff’s second witness in first round, would be assigned Staff/200. Mr. Smith’s second round of testimony would be assigned Staff/300. Each attachment must be marked as a separate exhibit. For example, the first attachment to Staff/100 would be marked as Staff/101. A separate numbering series must also be used to identify all exhibits marked at hearing.(3)
Each page of a multipage exhibit must be marked with a page number. Pages within each exhibit must be marked consecutively, beginning with page 1.(4)
The ALJ may waive the requirement of marking each page of voluminous photocopied documents.(5)
When filing testimony and exhibits, the filing party must simultaneously provide a copy of all work papers to Staff, the utility named in the initiating pleading, and all other parties that have asked to receive a copy. If a shared workspace is being used for data requests and responses, this provision is satisfied by uploading the work papers to that workspace and electing to share the upload with other authorized users. As used in this rule, work papers consist of documents that show the source, calculations, and details supporting the testimony and other exhibits submitted.(6)
Within the time specified by the ALJ, each party must file a list, in numerical order, of the written testimony and exhibits the party offered during the proceedings. The list must specify the document, witness, number of pages, and whether the exhibit was received into evidence.(7)
When testimony or exhibits are offered in evidence at a hearing and were not previously filed, the offering party must give copies to each party, the Commission, and the ALJ. When practicable, the parties must distribute copies of exhibits before or at the beginning of the hearing.(8)
When relevant evidence offered by a party is included in a book, paper, or document containing irrelevant material, the party offering the exhibit must plainly designate the relevant material offered:(a)
If irrelevant material is included in the exhibit and would encumber the record, then the exhibit may be excluded. The exhibit may be marked for identification and the relevant material may be read into the record if properly authenticated.(b)
If the Commission or ALJ directs, a copy of the relevant portions of the exhibit may be received as evidence. The offering party must offer copies of the document to all other parties appearing at the hearing. The parties must be afforded an opportunity to examine the exhibit and to offer in evidence other relevant portions of the exhibit.(9)
Papers and documents on file with the Commission may be introduced by reference to number, date, or by any other method of identification satisfactory to the Commission or ALJ.(10)
The Commission or ALJ may direct that the testimony of a witness, including supporting exhibits, be submitted in writing prior to hearing. Unless otherwise directed by the Commission or ALJ, written testimony, when sworn to orally or in writing by the witness under oath to be true, will be received in the same manner as an exhibit. The written testimony must be double-spaced, prepared in question and answer or narrative form, and contain a statement of the qualifications of the witness. The written testimony is subject to rules of admissibility and cross-examination.(11)
The Commission or ALJ may direct that demonstrative evidence be reduced to a diagram, map, photograph, or similar representation.
Source:
Rule 860-001-0480 — Testimony and Exhibits, https://secure.sos.state.or.us/oard/view.action?ruleNumber=860-001-0480.