Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart A - General Provisions
Chapter 5 - FORMAL PROCEEDINGS
Subchapter E - EVIDENCE AND WITNESSES
WITNESSES
Section 5.414 - Offers of proof

Universal Citation: 52 PA Code ยง 5.414

Current through Register Vol. 54, No. 38, September 21, 2024

(a) An offer of proof may be requested when opposing counsel contends the witness is not competent to testify to the subject matter or that the evidence to be offered is inadmissible. An offer of proof also may be made when the presiding officer has sustained an objection to the admission of testimony or tangible evidence. If the proffered evidence is tangible, it shall be marked for identification and shall constitute the offer of proof. If the proffered evidence is oral testimony, the offer of proof shall consist of a summary of the evidence which counsel contends would be adduced by the testimony. The presiding officer may also request a statement of the basis for admissibility of the evidence.

(b) Subsection (a) supersedes 1 Pa. Code §35.190(b) (relating to appeals to agency head from rulings of presiding officers).

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