Current through December 10, 2024
Rule 1-15-4.11 - Evidence(A) Hearings shall be informal and technical rules of evidence shall be relaxed; (B) All witnesses who appear and testify under oath shall be subject to cross examination. A witness who does not appear may testify by affidavit provided the Party presenting the particular witness' affidavit has complied with the requirements of Rule 4.05 thereby affording any other Party an opportunity to contact said witness and obtain an affidavit on its own behalf; (C) The Hearing Officer shall have the authority to admit into the record any evidence which, in his or her judgment, has a reasonable degree of probative value and trustworthiness. The Hearing Officer shall have the authority to exclude evidence which is irrelevant, immaterial, lacking in probative value, untrustworthy or unduly cumulative; (D) Documents received into evidence by the Hearing Officer shall be marked by him or her, or under his or her direction, and filed for the record of the appeal; (E) Rebuttal and surrebuttal evidence may be heard at the discretion of the Hearing Officer; (F) Arguments summarizing the evidence and the law may be heard at the discretion of the Hearing Officer. Miss. Code Ann. §§ 79-11-504(a) (Rev. 2009)