(a) Control of the hearing. The judge shall exercise
reasonable control over the mode and order of presenting preliminary
matters, pending motions, opening statements, witness testimony and
other evidence, oral or written closing argument, and other processes
in the hearing.
(b) Designation of order of parties' presentations.
The judge will designate the order in which the parties will present
evidence and argument. Generally, the party with the burden of proof
will present evidence first and will open and conclude oral argument.
The judge shall designate the party with the burden of proof in accordance
with §155.427 of this chapter.
(c) Waiver of allegations. An allegation contained
in the notice of hearing, complaint, or other pleading that is not
addressed during the proceeding may be deemed waived.
(d) Closing arguments. Closing arguments may be made
orally or, when ordered by the judge, in writing.
(e) Closing the evidentiary record. Unless otherwise
ordered by the judge, the record will close at the later of:
(1) the end of the hearing; or
(2) the date the final brief is due, when closing arguments
are made in writing.
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