95- 629 C.M.R. ch. 4, § 14

Current through 2024-51, December 18, 2024
Section 629-4-14 - Exhibits
A.Technical matter. When evidence to be presented consists of technical matter or figures so numerous to make oral presentation likely difficult to follow, the Board may require that such evidence be presented in exhibit form, supplemented and explained by oral testimony.
B.Withdrawal of exhibits. No exhibit received in evidence may be withdrawn except with the approval of the hearing's presiding officer.
C.Late-filed exhibits
1. The presiding officer may, at his discretion, allow documentary evidence to be marked as a late-filed exhibit and offered as evidence after the close of a hearing if (a) the evidence proposed to be submitted is described at the hearing with sufficient detail to apprise all parties of its content and purpose; and (b) the parties agree that the evidence may be offered as a late-filed exhibit, or the presiding officer so orders.
2. Unless another date or dates are specified by the presiding officer, late-filed exhibits may be offered no later than ten (10) days after the last day upon which a hearing is held or five (5) days before the first date on which briefs must be submitted, whichever is earlier. A copy of each late-filed exhibit must be provided to each party at the same time that it is offered. The agreement of the parties or the order of the presiding officer to allow the offering of such an exhibit shall not constitute admission of that document into evidence. Any party may within five (5) days after an offer of any late filed exhibit, object to its admission and or request an opportunity to conduct cross examination or to present rebuttal evidence in connection with the exhibit, unless that party has plainly and specifically waived its right to do so on the record of the hearing at which leave to offer the exhibit was granted.

95- 629 C.M.R. ch. 4, § 14