Ariz. Admin. Code § R14-3-211 - Documentary evidence

A. When relevant and material matter offered in evidence by any party is embraced in a book, papers, or document containing other matter, not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily encumber the record, such book, paper or document will not be received in evidence but may be marked for identification and, if properly authenticated, the relevant and material matter may be read into the record, or if the Presiding Officer so directs, a true copy of such matter shall be received as an exhibit, and like copies delivered by the party offering the same to opposing parties or their attorneys or agents appearing at the hearing, who shall be afforded opportunity to examine the book, papers or document, and to offer in evidence in like manner other portions thereof, if found to be material and relevant.

B. In case any matter contained in a report or other document on file with the Committee or the Commission is offered in evidence, such report or other document need not be produced, or marked for identification, but in other respects the provisions of subsection (A) hereof shall apply.

C. In case any portion of the record before the Committee in any proceeding other than the one on hearing is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless:

1. The party offering the same agrees to supply such copy later at his own expense, if and when required by the Committee; and

2. The portion is specified with particularity in such manner as to be readily identified; and

3. The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference, and that any other portion offered by any other party may be incorporated by like reference subject to paragraphs (1) and (2); and

4. The Presiding Officer directs such incorporation.

Any portion so offered, whether in the form of an exhibit or by reference, shall be subject to objection.

D. When exhibits of a documentary character are to be offered in evidence, copies shall be furnished to the other parties, unless the Presiding Officer otherwise directs. Whenever practicable, the parties should interchange copies of exhibits before or at the commencement of the hearing;

E. When agreed upon by the parties at or after the hearing, the Presiding Officer, if he deems advisable, may receive specified documentary evidence as a part of the record within a time to be fixed by him, but not more than five days after the final date of hearing.

F. Unless the Presiding Officer shall otherwise direct, 25 copies of each reproducible exhibit shall be furnished for the use of the Committee.

Effective 2-70.

Notes

Ariz. Admin. Code § R14-3-211

Former General Order U-51, Article XI.