Rules of Practice and Procedure 04-25-13

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(d) Memorandum in Opposition. A memorandum in opposition or counter affidavit shall be served on all parties and the original and proof of service shall be filed with the Commission within seven days after being served with the motion. The chairperson of the Commission may order the memorandum in opposition to be filed earlier than the seven-day period. (e) Waiver. Failure to serve or file a memorandum in opposition to a motion or failure to appear at the hearing may be deemed a waiver of objection to the granting or denial of the motion. A party who does not oppose the motion shall notify the chairperson and opposing counsel or party promptly. 3-13 Evidence. (a) Form and Admissibility. The Commission shall not be bound by the rules relating to the admission or rejection of evidence,but may exercise its own discretion in such matter with a view to doing substantial justice. (b) Ruling. The presiding officer shall rule on the admissibility of all evidence. Such rulings may be reviewed by the Commission in determining the matter of the merits. (c) Objections and Exceptions. When objections are made to the admission or exclusion of evidence,the grounds relied upon shall be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken. (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. 7-13