Idaho Admin. Code r. 31.01.01.267

Current through September 2, 2024
Section 31.01.01.267 - EXHIBITS
01.Exhibit Numbers. Exhibit numbers are assigned to the parties before hearing according to Rule 230.
02.Form of Exhibits. Public exhibits offered at hearing must ordinarily be typed or printed on eight and one-half by eleven inch (8 1/2" x 11") white paper. But maps, charts, photographs, and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. Exhibits that are trade secrets, confidential information or otherwise exempt from public disclosure shall be printed on yellow paper. The party offering the exhibit must give a copy of it to each party present, to the reporter, and to each Commissioner or hearing examiner. A party who offers an unusually bulky or voluminous exhibits should allow the parties to inspect it before offering it at the hearing. Copies must be of good quality.
03.Timely Filing of Exhibits. Exhibits offered as part of a party's direct case (except exhibits offered on redirect) must be timely filed. Exhibits filed pursuant to any order, notice or rule requiring their filing before hearing are timely filed as specified in the order, notice or rule. Otherwise, exhibits must be distributed or made available to all parties long enough before their introduction into evidence to allow the parties a reasonable opportunity to review them and to prepare to examine their substance, except exhibits that update exhibits previously timely filed may be filed if the other parties are afforded fair opportunity to examine the sponsoring witnesses.
04.Objection -- Admission. Exhibits identified at hearing are subject to appropriate and timely objection before the close of proceedings. Exhibits to which no objection is made are automatically admitted into evidence without motion of the sponsoring party.
05.Labeling of Exhibits. All exhibits accompanying prepared testimony, exhibits introduced during direct examination, and, to the extent practicable, all other exhibits introduced at hearing must label the exhibit number, case number, party and witness sponsoring the exhibit, and any subdivisions within the exhibit, such as separate schedules or charts. Examples of labeling required by this rule are:

Exhibit No. 101

Exhibit No. 507

Case No. XXX-X-XX-XX

Case No. XXX-X-XX-XX

P. Engineer, Staff L.Accountant, ABC Company

Schedule 1, p. 1 of 3

Exhibits prepared for the proceeding must contain this labeling on each page of the exhibit. Exhibits reproducing previously existing documents may contain a cover page with this labeling, but need not be labeled on each page.

06.Sources for Exhibits. Exhibits prepared from data in workpapers, answers to discovery, periodicals, reports or other documentable sources of information must contain a statement of sources. Examples of the statements of sources required by this rule are:

P Engineer, Workpapers -- Answer of XYZ Utility to First Tab A, pages 1 - 47 Production Request of ABC

Company, Question 13

Moody's Public Utility -- XYZ Utility,

FERC Form 1 (1993)

Manual p. 402a 1993 Vol. 1, p. 606

Exhibits especially prepared for introduction into evidence in a proceeding (i.e., exhibits not otherwise prepared or in existence) should be descriptively titled to show their contents and purpose.

07.Certain Exhibits Require Presiding Officer's Approval. Neither motion pictures, slides, opaque projections, video tapes, audio tapes nor other materials not capable of duplication by still photograph or reproduction on paper shall be presented as exhibits without prior approval of the presiding officer. Writings, or drawings by testifying witnesses are not an exhibit or evidence unless reproduced, photographed, or otherwise preserved for the record.

Idaho Admin. Code r. 31.01.01.267

Effective March 31, 2022