XXII. Prepared Testimony

Rule 68 provides for prepared testimony in lieu of oral testimony. As currently written, the rule allows a witness to read prepared testimony into the record if copies have been previously provided to the parties. This provision serves no practical purpose and, if invoked, would only delay the proceeding; our experience is that this provision is never invoked. We propose to repeal it.

We propose to expand the rule to require that prepared testimony comprise all of a witness's direct testimony, and that a party must justify the admission of any additional direct testimony. These modifications are consistent with current practice and the parties' duty to timely disclose the information which they intend to offer into evidence.