Written Pre-filed Testimony

Written Pre-filed Testimony. A. When filed. If required by the Permit Board or its Executive Director, written pre-filed testimony must be filed prior to hearing in accordance with deadlines specified in the scheduling letter sent by the Permit Board or its designee. The parties may also mutually agree to shorten or extend the time for filing written pre-filed testimony. B. Form. Written pre-filed testimony must be submitted in affidavit form which must be sworn and notarized. C. Exhibits. Any exhibits which may be used at hearing, including paper and electronic documents, photographs, videos, etc., must be attached to the pre-filed testimony or provided prior to the evidentiary hearing in accordance with the deadlines established in the scheduling letter. D. Who may submit pre-filed testimony. Any party to the proceeding may submit pre-filed testimony. E. Limitation of pre-filed testimony. A pro se party may submit pre-filed testimony on his or her own behalf, but not on behalf of any other party. Alternatively, the parties may retain legal counsel, at their own expense, to file pre-filed testimony on their behalf and to represent their interests. Upon request, MDEQ’s Legal Staff will provide any party, including a pro se party, with an example affidavit which may be used as a template for pre-filed testimony. F. Submission of pre-filed direct testimony. All parties who wish to file pre-filed direct testimony and exhibits must file the testimony and exhibits with the Executive Director of the Permit Board on or before the date specified in the scheduling letter. A copy of any pre-filed direct testimony must be mailed to all parties and the permittee or permit applicant, if not a party, by the deadline for filing specified in the scheduling letter. G. Submission of pre-filed rebuttal testimony. All parties who wish to file pre-filed rebuttal testimony and exhibits must file same with the Executive Director of the Permit Board on or before the deadline specified in the scheduling letter. A copy of any pre-filed rebuttal testimony must be mailed to all parties, and the permittee or permit applicant if not a party, by the deadline for filing specified in the scheduling letter. Pre-filed rebuttal testimony is limited to the scope of direct testimony that it is offered to rebut. H. Submission of motions and motion responses. All parties must file any motions and motion responses with the Executive Director of the Permit Board on or before the deadline specified in the scheduling letter. A copy of any motions and motion responses must be mailed to all parties and the permittee or applicant, if not a party, by the deadline for filing specified in the scheduling letter. I. Waiver and modification. The Permit Board, or its Executive Director, has the discretion to waive or modify the pre-filed document requirements. J. Copies of pre-filed testimony, motions, responses, and witness lists. All parties must file the original and 10 copies of any pre-filed direct testimony, pre-filed rebuttal testimony, motions, responses, witness lists, and exhibits with the Executive Director of the Permit Board pursuant to the deadlines established in the scheduling letter and in accordance with Rule 6.13. K. Procedure after Permit Board waiver. If the Permit Board, or its Executive Director, in its discretion waives the requirements for pre-filed testimony, then at least seven days before the hearing, all parties involved in the proceedings shall exchange a list of all witnesses each party anticipates will be called during the hearing, accompanied by a brief statement of the testimony expected from each. All parties must also exchange copies of all exhibits and documents they expect to introduce as evidence at the evidentiary hearing at least seven days prior to the hearing. Any motions will be considered prior to opening statements. The Hearing Officer may rule upon non-dispositive motions. At the hearing, each party may make opening and closing statements. Witnesses will be subject to direct examination, cross examination, and redirect examination. Re-cross examination will be allowed at the discretion of the Hearing Officer or the Permit Board. The Permit Board members and the Hearing Officer may question the witnesses at any time during the hearing. L. Witness and exhibit list. A list of witnesses each party intends to call for direct and cross-examination and a copy of all exhibits and documents to be used at the hearing must be filed with the Executive Director of the Permit Board and a copy provided to all parties and the permittee (or permit applicant), if not a party, by the date specified in the scheduling letter or, if the Permit Board waived the requirement for pre-filed direct and rebuttal testimony, by the deadlines specified in Rule 6.14.K. M. Failure to follow procedural rules. Failure to submit pre-filed testimony, exhibits, and documents in the manner set forth by these rules without expressed waiver or modification by the Permit Board or the Hearing Officer is grounds for exclusion of such testimony, exhibits, and documents from the evidentiary hearing.