NAC703.712. Motion to strike testimony of witness.

     1. Any party of record may file a motion to strike the testimony of a witness. The party must:

     (a) File the motion to strike, in writing, with the Commission not later than 10 business days after the date on which the party is served with the prepared testimony of the witness pursuant to NAC 703.710 or not later than 3 business days before the date on which the witness testifies, whichever date occurs earlier, unless the presiding officer mandates a different time in a procedural order or at the prehearing conference; and

     (b) Serve the motion to strike on each party of record within the same period.

     2. Any party of record may file a response to the motion to strike. The party must:

     (a) File the response with the Commission not later than 3 business days after the date on which the party is served with the motion to strike, unless the Commission’s procedural schedule for the proceeding provides a different time frame; and

     (b) Serve the response on each party of record within the same period.

     3. The party making the motion to strike may file a reply to the response. The party must:

     (a) File the reply with the Commission not later than 2 business days after the date on which the party is served with the response; and

     (b) Serve the reply on each party of record within the same period.

     4. If a party fails to file a motion to strike the testimony of a witness within the required time, the party shall be deemed to have waived any objection to the testimony of the witness, unless the party makes a showing of good cause.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002)