N.M. Admin. Code § 18.9.1.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.9.1.13 - PRE-FILED DIRECT TESTIMONY

A.Force and effect: Prepared written testimony shall be received with the same force and effect as though it were stated orally by the witness. Witnesses must be present at the public hearing and shall adopt, under oath, their prepared written testimony, subject to cross-examination and motions to strike, unless the witness's presence at public hearing is waived without objection by the parties.

B.Form: Written testimony shall be in the following format:

(1) the cover page shall contain the case caption, case number, name and title of the witness;

(2) all pages are to be typed, double-spaced and numbered in the footer;

(3) the top, bottom, and left-hand margins shall be at least one and one-half inches;

(4) the name of the witness and the case number, if then known, shall be typed at the top center of each page in the header;

(5) line numbers shall be present on the left-hand side of each page of testimony;

(6) testimony shall be in question-and-answer format;

(7) proposed exhibits relating to the testimony shall be clearly cited in, and attached to, the testimony unless otherwise directed by the hearing examiner; and

(8) testimony shall be supported by affidavit.

C.Supplemental testimony: The hearing examiner may file written questions directed at any party and require the timely filing of additional sworn testimony to respond to those questions.

N.M. Admin. Code § 18.9.1.13

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024