TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 100 PROCEDURE IN ADMINISTRATIVE PROCEEDINGS
SECTION 100.120 DOCUMENTARY EVIDENCE


 

Section 100.120  Documentary Evidence

 

a)         Record in Other Proceedings

            When a party desires to offer in evidence any portion of the record made in any other proceeding, such portion shall be offered in the form of any exhibit (subject to the ruling of the Board as to its admissibility) unless otherwise stipulated by the parties.

 

b)         Documents

            When any material or relevant matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered.  If in the judgement of the Board, such immaterial or irrelevant matter would unnecessarily encumber the record, such book, paper, or document will not be received in evidence as a whole, but the material or relevant portions thereof, if otherwise admissible, may be read into the record or a true copy thereof supplied in the form of an exhibit.

 

c)         Copies of Exhibits

            When an exhibit of a documentary character is marked for identification and offered in evidence, three (3) copies thereof shall be furnished for the Department's files and, upon request, one (1) copy to each party whose appearance is of record or his attorney.  The Board may accept same when only one (1) copy is filed if, in its opinion, additional copies will not be required and if the party tendering the exhibit agrees to furnish two (2) additional copies promptly if subsequently requested to do so.

 

d)         Interchange of Exhibits

            Whenever possible, the parties should interchange copies of exhibits or other pertinent material before the hearing at which they are to be offered, at the same time sending a copy thereof to the Board hearing the case.