204 Pa. Code § 89.93. Presentation by the parties.

§ 89.93. Presentation by the parties.

(a)  General rule. The respondent-attorney and staff counsel shall have the right of presentation of evidence, cross-examination, objection, motion and argument. The taking of evidence and subsequent proceedings shall proceed with all reasonable diligence and with the least practicable delay.

   Official Note
   See D.Bd. Rules §  89.2(c) (relating to equity procedure to apply) for limitations on hearing motions.
(b)  Objections. When objections to the admission or exclusion of evidence or other procedural objections are made, the grounds relied upon shall be stated briefly, if so requested by the hearing committee or special master, and may be stated briefly if no such request is made. Formal exceptions are unnecessary and shall not be taken to procedural rulings.
(c)  Exclusion of expert evidence. The hearing committee or special master may exclude the introduction of expert testimony or reports as to which a party has failed to comply with an order under § §  89.72(4) (relating to subjects which may considered at conferences to expedite hearings) or 89.74(a) (relating to authority of hearing committee member or special master at conferences).
(d)  Exclusion of factual evidence. Enforcement Rule 208(b)(4) provides that no evidence with respect to factual allegations of the complaint that have been deemed or expressly admitted may be presented at any hearing on the matter, absent good cause shown. See §  89.54(d) (relating to effect of failure to answer).

Source

   The provisions of this §  89.93 amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended August 18, 1995, effective August 19, 1995, 25 Pa.B. 3335; amended February 20, 2004, effective February 21, 2004, 34 Pa.B. 948; amended August 7, 2020, effective 30 days after publication, 50 Pa.B. 4014. Immediately preceding text appears at serial page (397832).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.