Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 1005.112. Presentation by parties.

§ 1005.112. Presentation by parties.

 (a)  A party has the right of presentation of evidence, cross-examination, objection, motion and argument subject to the limitations of this subpart. The taking of evidence and subsequent proceedings shall proceed with reasonable diligence and with the least practicable delay.

 (b)  When an objection to the admission or exclusion of evidence before the Authority or the presiding officer is made, the ground relied upon shall be stated briefly. A formal exception is unnecessary and may not be taken to rulings thereon.

 (c)  The Authority or presiding officer may require or allow a factual statement of the scope of a pleading or the position of a party in the proceeding. Facts admitted on the record by a party or by testimony, exhibits or in writing, need not be further proved.

 (d)  The Authority or the presiding officer may limit appropriately the number of witnesses who may be heard upon an issue.

 (e)  A party will not be permitted to introduce evidence during a rebuttal phase which:

   (1)  Is repetitive.

   (2)  Should have been included in the party’s case-in-chief.

   (3)  Substantially varies from the party’s case-in-chief.

 (f)  If a party conducts friendly cross-examination of a witness, the presiding officer may permit the other parties a second opportunity to cross-examine after friendly cross-examination is completed. The recross-examination shall be limited to the issues on which there was friendly cross-examination.

 (g)  Subsections (a)—(f) supersede 1 Pa. Code §  35.126 (relating to presentation by the parties).

Cross References

   This section cited in 52 Pa. Code §  1005.111 (relating to order of procedure).

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