W. Va. Code R. § 105-1-13

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 105-1-13 - Stipulations and Exhibits

13.1. Stipulations, such as stipulations of evidence and exhibits, shall be valid and enforced provided the stipulations are in writing, signed by the parties making them or their attorney, and promptly filed.

13.2. A written stipulation, or an oral stipulation made on the record, during the hearing may be accepted as a substitute for evidence. A stipulation may relate to a question of fact, the contents of a document, or the expected testimony of a witness. A stipulation must be relevant to an issue in the appeal, written or stated in clear and unambiguous terms together with its factual basis, and understood and agreed to by all parties.

13.3. A stipulation of fact that has been accepted is binding on the parties to the stipulation and may not be contradicted by those parties.

13.4. Exhibits that are submitted to the OAH during a hearing are not subject to the certificate of service requirements of section 6 of this rule provided that the submitting party provides a courtesy copy of such exhibits to the opposing party at the time of submission to the OAH during the hearing.

W. Va. Code R. § 105-1-13