Current through Vol. 24-19, November 1, 2024
Section R. 792.10430 - Evidence; testimony in written formRule 430.
(1) Testimony of a witness under oath shall be offered in written form, except as otherwise provided by the commission or the presiding officer. Unless otherwise ordered by the presiding officer, the testimony must be electronically filed with the commission and a copy electronically served on each party and the presiding officer not less than 7 days in advance of the session of the proceeding at which it is to be offered. If all parties in attendance on the day on which the testimony is offered agree, any part of the 7 days may be waived. In the absence of agreement, the presiding officer may permit the offering of the testimony after providing all parties who are present not less than 24 hours to examine it, unless, for good cause, the presiding officer finds a shorter time to be reasonable.(2) The presiding officer may authorize any witness to present oral direct testimony.(3) In any proceeding, a witness whose testimony is submitted in written form must be made personally available for cross-examination at the time directed by the presiding officer, unless all parties in attendance on that day waive cross-examination of the witness. If the witness whose testimony is submitted in written or exhibit form is not made available for cross-examination, the testimony shall not be received in evidence, except by stipulation of all parties in attendance on the day the testimony is submitted and with the approval of the presiding officer or as otherwise provided by law.(4) All testimony in written form must include page and line numbers and be in question and answer form.Mich. Admin. Code R. 792.10430
2015 AACS.; 2023 MR 19, Eff. 9/29/2023