D.C. Mun. Regs. tit. 23, r. 23-1713
Documentary evidence offered at any hearing before the Board shall, if received by the Board, be retained by the Board, and may be examined by interested persons pursuant to § 1708.
Any party who intends to offer documentary evidence at a hearing shall, seven (7) calendar days prior to the hearing, disclose the evidence to the opposing party. Absent good cause, failure to disclose documentary evidence seven (7) calendar days prior to the hearing may result in the Board excluding the evidence.
The Board may, in its discretion, permit the withdrawal of original documents received into evidence and the substitution of certified copies in lieu of the originals.
When relevant and material matters offered into evidence are contained in a book or other document which also contains other matters not material or relevant, the person offering the evidence shall plainly designate the matters offered, and the immaterial and irrelevant parts shall be excluded and segregated insofar as practicable.
All exhibits that a party intends to introduce at a hearing must be identified on and attached to an exhibit form. Parties shall include the exhibit form, including copies of the exhibits, with the Protest Information Form pursuant to 23 DCMR § 1722.2(d).
Exhibits reasonably anticipated to be used for impeachment need not be included on or attached to the exhibit form.
If a document is readily available to the general public, a party need only provide a complete citation to the source of the document and how the document may be accessed.
The Board may exclude at the hearing any exhibit(s) not disclosed on the exhibit form if the Board finds that the opposing party has been prejudiced by the failure to disclose or if there has been a knowing failure to disclose.
The Board shall have the discretion to receive documentary evidence from the parties not already listed or attached to the exhibit form upon a finding of good cause.
The investigative report and attachments shall be part of the Board's record and it shall not be necessary for the parties to formally move for admission of the investigative report or portions of it into the evidentiary record.
The exhibit form and any attachments shall be served on all parties and the Board's Office of General Counsel seven (7) days prior to the hearing.
If a Power Point presentation or similar presentation is used by the parties, a paper copy of the exhibit shall be filed with the Board.
D.C. Mun. Regs. tit. 23, r. 23-1713