2009 Planning Commission Rules - Laserfiche WebLink

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officer shall exclude any evidence which is irrelevant, immaterial or unduly repetitious or which would infringe upon any privilege recognized by law. (d) Offer of Proof. An offer of proof for the record shall consist of a statement of the substance of the evidence to which objection has been sustained. (e) Prepared Testimony. With the approval of the presiding officer, a witness may read into the record his testimony on direct examination. Before any prepared testimony is read, unless excused by the presiding officer, the witness shall deliver copies thereof to the presiding officer and all counsel or parties. Admissibility shall be subject to the rules governing oral testimony. If the presiding officer deems that substantial saving in time will result, a copy of the prepared testimony may be received in evidence without reading, provided that copies thereof shall have been served upon all parties and the Commission fifteen days before the hearing or such prior service is waived, to permit proper cross-examination of the witness on matters contained in the prepared testimony. (f) Documentary Evidence. If relevant and material matter offered in evidence is embraced in a document containing other matters, the party offering it shall designate specifically the matter so offered. If other matter in the document would unnecessarily encumber the record, the document will not be received in evidence, but at the discretion of the presiding officer, the relevant and material matter may be read into the record or copies thereof received as an exhibit. Other parties shall be afforded an opportunity to examine the document and to offer in evidence other portions thereof believed material and relevant. (g) Exhibits. (1) Form; Size. Exhibits shall be legible and may be prepared on paper not exceeding 8-1/2 x 11 inches in size or bound or folded to the respective approximate size, where practical. Wherever practicable, sheets of each exhibit shall be numbered and data and other figures shall be set forth in tabular form. (2) Copies. When exhibits are offered in evidence, the original and fifteen copies shall be furnished to the presiding officer with a copy to each party to the proceeding other than the Commission, unless such copies have been previously furnished, or the presiding officer directs otherwise. (h) Commission Records. If any matter contained in a document on file as a public record with the Commission is offered in evidence, unless directed otherwise by the presiding officer, such document need not be produced as an exhibit, but may be received in evidence by reference, provided that the particular portions of such document are specifically identified and are otherwise competent, relevant, and material. If testimony in any proceeding, other than the one being heard, is offered in evidence, a copy of the testimony shall be presented as an exhibit, unless otherwise ordered by the presiding officer. (i) Official Notice of Facts. Official notice may be taken of such matters as may be judicially noticed by the courts of the State of Hawai‘i. Official notice may also 4-7