(a) Form of exhibits. Exhibits of documentary character
shall be of a size which will not unduly encumber the files and records
of the Examiner, Board or its designee, and whenever practicable,
shall conform to the requirements of §67.27 of this chapter (relating
to form and content of Pleadings). Exhibits shall be limited to facts
that are material and relevant to the issues involved in a particular
Proceeding.
(b) Tender and service. The original of each exhibit
offered shall be tendered to the Examiner for identification. One
copy shall be furnished to the Party or his Authorized Representative.
Written or printed documents received in evidence may not be withdrawn
except with the approval of the Examiner.
(c) Excluded exhibits. In the event an exhibit has
been identified, and not admitted into evidence, the Examiner shall
determine whether or not the Party offering the exhibit withdraws
the offer, and if so, permit the return of the exhibit to him. If
the excluded exhibit is not withdrawn, it shall be given an exhibit
number for identification, shall be endorsed by the Examiner with
his ruling, and shall be included in the record for the purpose only
of preserving an exception made to the Examiner's ruling that the
exhibit is not admissible.
(d) Late exhibits. Unless specifically directed by
the Examiner and upon a showing of good cause, no exhibit shall be
filed in any Proceeding after the conclusion of the hearing, and then
only after a copy of the exhibit has been served on all Parties, and
all Parties have been afforded an opportunity to conduct further discovery,
cross-examination and offer rebuttal evidence regarding such late
exhibit.
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Source Note: The provisions of this §67.77 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302 |