California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 4.9 - Rules of Practice and Procedure for Rate Proceedings
Article 7 - Evidence
Section 2655.6 - Prepared Testimony
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prepared direct testimony, in narrative statement or question and answer format, of each direct witness expected to be called to testify by the applicant in a proceeding, shall be filed and served on all parties at least forty (40) business days before the first day of the evidentiary hearing. Prepared direct testimony, in narrative statement or question and answer format, of each direct witness expected to be called to testify in a proceeding by any party other than the applicant, shall be filed and served on all parties no later than twenty (20) business days after service of the applicant's prepared direct testimony. Prepared direct testimony shall be signed under penalty of perjury under the laws of the state of California. Expert witness testimony shall be accompanied by the witnesses' curriculum vitae and list of authored or co-authored publications. Additionally, any documents reviewed by the expert for purposes of testifying in the specific case that were not previously provided to the other parties shall be produced with the testimony.
(b) Within five (5) business days of service of any prepared direct testimony, any party may file a motion to strike all or part of the testimony. The motion shall state the specific page(s) and line(s) to which the party is objecting, and the specific legal authority for the objection. Within five (5) business days of service of a motion to strike, the party filing the prepared direct testimony may respond to the motion to strike. A hearing on any motion to strike shall be held within five (5) business days of service of any response to the motion to strike. At or before the commencement of the hearing on the motion to strike, the administrative law judge shall inform the parties of the administrative law judge's tentative ruling on the motion. The administrative law judge shall rule on the motion to strike no later than two (2) business days after the hearing on the motion to strike. Any testimony not objected to and any testimony not stricken, together with exhibits referenced in that testimony, shall be deemed admitted.
(c) If rebuttal prepared testimony is allowed, motions to strike may be made orally and ruled upon immediately in order to expedite the proceeding.
(d) At the evidentiary hearing, the person whose prepared testimony is being offered shall be available for cross-examination by all parties.
(e) Prepared testimony of more than twenty (20) pages shall contain a subject index.
(f) This section is not intended to replace the provisions of Government Code section 11514.
1. New section
filed 8-18-95 as an emergency; operative 8-18-95 (Register 95, No. 33). A
Certificate of Compliance must be transmitted to OAL by 12-16-95 or emergency
language will be repealed by operation of law on the following day.
2.
Certificate of Compliance as to 8-18-95 order transmitted to OAL 12-18-95 and filed
2-1-96 (Register 96, No. 5).
3. Amendment of section and NOTE filed
10-16-2002; operative 11-15-2002 (Register 2002, No. 42).
4. Change
without regulatory effect amending subsection (b) filed 7-14-2021 pursuant to
section 100, title 1, California Code of
Regulations (Register 2021, No. 29). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.
Note: Authority cited: Section 1861.055, Insurance Code, CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805, 824 (1989), 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994). Reference: Sections 1861.055 and 1861.08, Insurance Code; Sections 11507.6, 11511 and 11513, Government Code; Section 801(b), Evidence Code; CalFarm Insurance Company, et al. v. George Deukmejian, et al., 48 Cal.3d 805 (1989), 20th Century Insurance Company v. John Garamendi, 8 Cal.4th 216, 281, 32 Cal.Rptr.2d 807, 847 (1994).
