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16. Witnesses

  1. Witness list. 
    A party must file, as part of its prehearing exchange, a list of its proposed witnesses that includes the last known address of each witness, sufficient information to identify the relationship of the witness to the case, and a brief summary of the testimony that the party anticipates the witness will provide.  If the ALJ directed each party to file written direct testimony of its proposed witnesses, the witness list should identify which proposed exhibit contains the written direct testimony of each proposed witness.
  2. Direct and cross-examination. 
    The direct and cross-examinations of a witness will generally occur during an oral hearing.  An ALJ may order that the written direct examination of a proposed witness be filed as a proposed exhibit with the party’s prehearing exchange.  A party will then be afforded an opportunity to cross-examine a witness during an oral hearing.  An ALJ may order that parties affirmatively state in writing their intent to cross-examine a specific witness.  Parties must refer to the ALJ’s Prehearing Order or other scheduling order to determine whether written direct testimony and/or a written request to cross-examine a witness are required in a case.
  3.  Untimely identification of a witness is prohibited. 
    A party must identify all of its proposed witnesses with its prehearing exchange or at another time the ALJ directs.  The ALJ might not permit the testimony of a witness and might reject written direct testimony if the offering party has not timely served and submitted a relevant testimony.
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014