SECTION 67.77. Introduction of Exhibits

(a) Form of exhibits. Exhibits of documentary character shall be of a size which will not unduly encumber the files and records of the Examiner, Board or its designee, and whenever practicable, shall conform to the requirements of §67.27 of this chapter (relating to form and content of Pleadings). Exhibits shall be limited to facts that are material and relevant to the issues involved in a particular Proceeding.

(b) Tender and service. The original of each exhibit offered shall be tendered to the Examiner for identification. One copy shall be furnished to the Party or his Authorized Representative. Written or printed documents received in evidence may not be withdrawn except with the approval of the Examiner.

(c) Excluded exhibits. In the event an exhibit has been identified, and not admitted into evidence, the Examiner shall determine whether or not the Party offering the exhibit withdraws the offer, and if so, permit the return of the exhibit to him. If the excluded exhibit is not withdrawn, it shall be given an exhibit number for identification, shall be endorsed by the Examiner with his ruling, and shall be included in the record for the purpose only of preserving an exception made to the Examiner's ruling that the exhibit is not admissible.

(d) Late exhibits. Unless specifically directed by the Examiner and upon a showing of good cause, no exhibit shall be filed in any Proceeding after the conclusion of the hearing, and then only after a copy of the exhibit has been served on all Parties, and all Parties have been afforded an opportunity to conduct further discovery, cross-examination and offer rebuttal evidence regarding such late exhibit.

Source Note: The provisions of this §67.77 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302