Current through December 3, 2024
Section 230-RICR-20-60-3.10 - Prefiled Testimony and ExhibitsA. The prefiling of each Party's direct case, including testimony and exhibits, shall be required in any property and casualty or workers' compensation insurance Rate proceeding. If any Party other than the Filer does not desire to present a direct case, such Party shall so inform the Director or Hearing Officer not later than the pre-hearing conference. Notwithstanding the foregoing, a Party not desiring to present a direct case may, not later than ten (10) days prior to the commencement of the final hearing, move to request to file direct testimony and exhibits in accordance herewith. Prefiling shall be subject to a schedule established by the Director or Hearing Officer by order issued preceding a prehearing conference or otherwise, and shall be subject to the following further provisions: 1. Parties to the case shall file with the Director or Hearing Officer, in such number of copies as the Director or Hearing Officer may order, all testimony and exhibits of each witness whom they propose to present in support of their direct cases. Two (2) copies of such testimony and exhibits shall be served on each Party at the time that such testimony and exhibits are filed with the Director or Hearing Officer. If the prefiled direct testimony described in this paragraph is filed prior to the decision by the Director or Hearing Officer regarding petitions to intervene, additional copies of such testimony and exhibits shall be served on each proposed Intervenor within two (2) days of the date that the Party filing the testimony and exhibits receives notice of the petition to intervene.2. Prefiled testimony shall be in writing and shall be presented in double-spaced print or typescript in the form of questions and answers that would render similar oral testimony admissible. Prefiled exhibits may be attached to the testimony, provided that they are referred to, identified, and introduced in the prefiled testimony. Prefiled written testimony shall have numbered pages and include line numbers on each page, in the left hand margin, except as otherwise permitted by the Director or Hearing Officer. Each Party may file an opening statement with its prefiled testimony and exhibits containing a narrative summary of the testimony and exhibits and the fact(s) that they are intended to establish.3. A witness while under oath, may supplement, correct and explain his or her prefiled testimony and exhibits by filing amendments thereto in writing or by oral testimony. Such supplementation, correction and explanation shall not substantially alter the subject matter of the testimony unless a change of circumstance which is clearly identifiable has developed, except to the extent that information which was not available and which could not have been obtained through the exercise of due diligence at the time of preparation of the testimony may affect the nature of the presentation. Prefiled testimony shall be introduced into the record by the oral testimony of the witness under oath, after which it may be offered as an exhibit, with the same effect as if the testimony had been given orally in its entirety. Each witness presenting prefiled direct testimony shall be subject to oral cross-examination. Re-direct examination will be conducted orally and will be limited to matters raised during cross-examination. Objection to prefiled testimony or exhibits may be made at the time that testimony or exhibits are offered at the oral hearing.230 R.I. Code R. 230-RICR-20-60-3.10