SECTION 1.64. Written Testimony

(a) Admissibility. When a proceeding will be expedited and the interests of the parties will not be substantially prejudiced, direct testimony may be offered in written form. The written testimony of a witness on direct examination, either in narrative or question and answer form, may be offered as an exhibit and incorporated into the record without the written testimony being read. A witness who is offering written testimony shall be sworn and shall identify the written testimony as a true and accurate representation of what the testimony would be if the witness were to testify orally, after which the witness shall submit to voir dire and cross-examination. Written testimony shall be subject to the same evidentiary objections as oral testimony.

(b) Prefiling. The Commission, the Hearings Director, or an examiner may require or permit written testimony and exhibits to be filed and served on all parties at a specified date prior to the hearing. Failure to prefile written testimony and exhibits if required under this section shall be sufficient cause for the examiner to rule such evidence, which was to be included in the testimony and exhibits, inadmissible or for other appropriate action to be taken as may be just and reasonable.

Source Note: The provisions of this §1.64 adopted to be effective August 21, 2017, 42 TexReg 4131