(a) Form. Exhibits, other than maps, to be offered
in evidence at a hearing shall be of a size which will not unduly
encumber the record. Whenever practicable, exhibits shall conform
to the size requirements established by §22.72 of this title
(relating to Formal Requisites of Pleadings and Documents to be Filed
with the Commission). The pages of each exhibit shall be consecutively
numbered.
(b) Marking and exchanging exhibits. Each exhibit offered
in evidence shall be marked for identification by the presiding officer
or official reporter, if one is present. Copies of the exhibit shall
be furnished to the presiding officer and distributed to each party
present at the hearing no later than the time the exhibit is offered
in evidence, or at an earlier time if ordered by the presiding officer
for the orderly conduct of the hearing.
(c) Excluded exhibits. If the party offering an exhibit
that has been identified, objected to and excluded wishes to withdraw
the offer, the presiding officer shall permit the return of the exhibit
to the party.
(d) Late exhibits. Except as may otherwise be agreed
to by the parties on the record prior to the close of the hearing,
no exhibit shall be received in evidence in any proceeding after the
hearing has been concluded except on the motion of the presiding officer
or for good cause shown on written motion of the party offering the
evidence. If the admission into evidence of a late-filed exhibit is
proposed, copies shall be served on all parties of record. Parties
shall file pleadings in opposition to admission of late-filed exhibits
within five working days of the receipt of the motion requesting admission
of the exhibit.
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Source Note: The provisions of this §22.226 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472 |