Idaho Admin. Code r. 31.01.01.249

Current through September 2, 2024

Section 31.01.01.249 - PROCEDURAL SEQUENCE

01.Evidence Presentation. Parties' evidence will ordinarily be introduced in this sequence:

a. Upon applications:

i. Applicant;

ii. Intervenors;

iii. Commission Staff; and

iv. Rebuttal by applicant.

b. Upon formal complaints or petitions (except when the Commission is complainant):

i. Complainant or petitioner;

ii. Intervenors;

iii. Commission Staff;

iv. Respondents; and

v. Rebuttal by complainant or petitioner.

c. Upon complaints by Commission:

i. Commission Staff;

ii. Intervenors;

iii. Respondents; and

iv. Rebuttal by Commission Staff.

v. The Commission or presiding officer may modify this sequence. Additional evidence may be taken in the discretion of the Commission or presiding officer. Evidence of public witnesses may be taken at any time.

02.Witness Examination. Witnesses will ordinarily be examined in this sequence:

a. Direct examination by sponsoring party or direct statement of public witness;

b. Examination by applicants, petitioners or complainants;

c. Examination by intervenors;

d. Examination by respondents;

e. Examination by Commission Staff (except when the Staff acts as complainant);

f. Examination by Commissioners or hearing examiners; and

g. Redirect examination or rebuttal statement.

h. The presiding officer may allow additional examination of witnesses or vary the examination of witnesses. The presiding officer may vary the examination sequence (e.g. by allowing parties with interests adverse to the witness to examine the witness after parties with interests similar to the witness.)

Idaho Admin. Code r. 31.01.01.249

Effective March 31, 2022