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(a) The written testimony of a witness in question form, or in narrative form if allowed by the commission for good cause shown in advance of the prefiling deadline, will, if directed by the commission, be presented instead of the witness' oral testimony. After an exhibit containing the witness' testimony has been properly identified and authenticated by the witness, under oath, it may be marked and introduced as an exhibit. Written testimony must be as complete and accurate as if it were oral testimony, and it is subject to the same rules of evidence as if given orally. The witness shall be subject to cross-examination, and the presiding officer may require the testimony to be given orally. Written testimony may not be used unless it has either been filed and served on all parties the same as any other exhibit, or unless the parties have stipulated that it may be accepted by the commission at the hearing. A party who opposes the introduction of written testimony may make an oral or written protest, and the presiding officer, or the commission, will make an appropriate ruling on the matter. The commission will, in its discretion, require the presentation of written testimony instead of oral direct examination, if it considers that doing so would be conducive to a fair and expeditious disposition of the proceeding. A party objecting to such a requirement will be afforded an opportunity to be heard, and the commission will then ratify, revise, or rescind its action.
(b) Each page of prefiled testimony must be numbered at the bottom with consecutive Arabic numerals. Schedules, appendices, documents, or other attachments to prefiled testimony must be identified in the manner prescribed in 3 AAC 48.154(e) . If any of these items contain more than one page, each page must be numbered at the bottom by consecutive Arabic numerals.
History: Eff. 6/29/84, Register 90
Authority: AS 42.05.141
AS 42.06.140 (a)
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Last modified 7/05/2006