810 R.I. Code R. 810-RICR-00-00-1.12

Current through December 3, 2024
Section 810-RICR-00-00-1.12 - Amendments and Withdrawals of Applications and Petitions
A. Amendments. Leave to amend any filing shall be requested by motion and will be allowed or denied as a matter of discretion.
B. Amendments to Conform to the Evidence. When, at a hearing, issues not raised by the application or petition are introduced by express or implied consent of the parties, they shall be treated in all respects as if they had been raised. Such amendment of the application or petition as may be necessary to cause them to con-form to the evidence and to raise these new issues may be made upon motion of any party at any time during the hearing. If evidence upon such new issues is objected to on the ground that it is not within the issues raised, the Commission may allow the application or petition to be amended and such evidence to be received, when it appears that the presentation of the merits of the proceeding will be served thereby without prejudicing the public interest or the rights of any participant. When, in the discretion of the Commission, a continuance is necessary in order to enable the objecting participant to meet such new issues and evidence, a continuance may be granted by the Commission, as provided in § 1.7(C) of this Part.
C. Withdrawal. A participant desiring to withdraw an application or petition filed with the Commission may file a notice of withdrawal with the Clerk. Such notice shall state the reasons for the withdrawal and conform to the requirements of this rule and §§ 1.6 and 1.8 of this Part. A certificate shall accompany every notice showing service on all participants. Unless otherwise ordered by the Commission for good cause, such notice shall, twenty (20) days after the filing thereof, be deemed to have effected the withdrawal of the application or petition, including amendments, if any; provided, however, that this paragraph shall not be construed as effecting without express permission of the Commission, withdrawal of any application or petition in any proceeding in which a hearing has been held or convened.

810 R.I. Code R. 810-RICR-00-00-1.12