Current through Register Vol. XLI, No. 13, March 29, 2024
13.1. General.
In the investigations, preparations and hearings of cases,
the Commission shall not be bound by the technical rules of pleadings and
evidence, but in that respect it may exercise such discretion as will
facilitate its efforts to understand and learn all the facts bearing upon the
right and justice of the matters before it. Evidence may be received which, in
the opinion of the Commission, is the best evidence reasonably obtainable,
having due regard to its necessity, availability and trustworthiness. In
passing upon the admissibility of evidence, the Commission shall give
consideration to, but shall not be bound to follow, the rules of evidence
governing general civil procedures in courts of this State.
13.2. Testimony under oath.
All testimony to be considered by the Commission in formal
hearings, except matters administratively noticed or entered by stipulation,
shall be by sworn or affirmed testimony.
13.3. Prepared testimony.
Prepared testimony may be identified, marked and received as
an exhibit. Admissibility shall be subject to the rules governing oral
testimony. The party submitting prepared testimony shall supply copies to all
parties of record.
13.4.
Stipulation of facts.
The parties to any proceeding or investigation before the
Commission may, by stipulation in writing filed with the Executive Secretary,
or entered in the record, agree upon the facts, or any portion thereof,
involved in the controversy, which stipulation shall be binding upon the
parties thereto and may be regarded and used by the Commission as evidence at
the hearing. It is desirable that the facts be thus agreed upon whenever
practical. The Commission may, however, require proof by evidence of the facts
stipulated to, notwithstanding the stipulation of the parties.
13.5. Depositions.
The testimony of any witness may be taken by deposition at
the request of a party, in any proceeding or investigation at any time after
the same is at issue, by the consent of the Commission. The Commission may, on
its own motion, order testimony to be taken by deposition in any proceeding or
investigation pending before it, at any stage of such proceeding or
investigation. Such deposition shall be taken in the manner prescribed by the
laws of West Virginia for taking deposition in civil cases in courts of
record.
13.6. Discovery
Requests.
13.6.1. "Discovery requests" as
used in these Rules, include interrogatories, requests for the production of
documents and things, and requests for admissions. Discovery requests do not
include Staff or Commission requests made pursuant to statutory
authority.
13.6.2. A party may
serve discovery requests in writing upon the attorney for a party, if such
party is represented by an attorney, or directly upon unrepresented parties, by
first class mail, email or by hand delivery. Discovery requests must be
pertinent to substantial issues in the proceeding. Copies of discovery
requests, together with a certificate of service, shall be filed with the
Executive Secretary and served upon all parties.
13.6.3. Parties served with discovery
requests shall respond to each request separately and fully, in writing. The
responses shall re-state each request, and give the response to that request.
The party responding shall verify the responses. If responses prepared by
several persons are compiled by one person the person compiling the responses
shall verify the responses one time. Responses to discovery requests shall be
served within twenty (20) days after such discovery requests were served, or
within such specified time as may be fixed by the Commission. Responses shall
be served only upon the requesting party and any other party that has made a
written request for the responses. The party responding shall file one (1) copy
with the Executive Secretary.
13.6.3.a.
Responses to discovery requests are not part of the evidentiary record of a
case unless identified responses are made a part of the record by the parties
or by Commission order.
13.6.4. The party responding to discovery
requests shall file any written objections to discovery requests within
fourteen (14) days after service of discovery requests or such shorter time as
directed by the Commission. The responding party may defer responses to
discovery requests to which it has made objection until the Commission rules on
any motion to compel. If a motion to compel is granted, the responses shall be
served within ten (10) days after notice of the Commission's action, or as
otherwise ordered by the Commission.
13.6.5. Objections to discovery requests not
timely filed are waived, except for good cause shown.
13.6.6. The Commission will not resolve
discovery disputes unless a motion is filed seeking Commission action. The
parties have the responsibility to file timely discovery motions, including
motions to compel the production of information or motions seeking protective
orders.
13.7. Record of
the case.
13.7.1. Exhibits at hearing. All
maps, prints, writings, statements or documents, to be used as an exhibit at a
hearing, must be accompanied by sufficient copies for each Commissioner, the
court reporter and the law clerk when a case is before the Commissioners and
when a case is before an ALJ one copy for the ALJ and one for the court
reporter, in addition to copies needed for other parties to a case, unless the
parties were previously served with the exhibit.
13.7.2. Staff Reports. Reports of
investigation made in any case by the Commission, or by any employee of the
Commission, whether made before or after the hearing, will become a part of the
record in the case and be considered by the Commission. Upon the submission of
any such report to the Commission, a copy thereof will be furnished by the
Executive Secretary to each party to the proceeding. If a party desires to give
further evidence with regard to such report, the party shall notify the
Commission in writing within ten (10) days of the filing date of the report.
Whereupon the Commission may set the matter for further hearing or take such
action as the circumstances of the case may require.
13.7.3. Original Documents. The Executive
Secretary shall keep in his/her custody and be responsible for the original, or
one counterpart, of all maps, prints, writings, statements or documents made a
part of the record as aforesaid.
13.8. Objections.
Any evidence offered in whatever form shall be subject to
appropriate and timely objection. When objection is made to the admissibility
of evidence, such evidence may be received subject to later ruling by the
Commission. The Commission, in its discretion, either with or without
objection, may exclude inadmissible, incompetent, cumulative, or irrelevant
evidence, or order the presentation of such evidence discontinued. Parties
objecting to the introduction of evidence shall briefly state the grounds of
objection at the time such evidence is offered. Formal exceptions to rulings
considering the admissibility of evidence are not necessary and need not be
taken.
