Current through December 25, 2024
Authority: IC
4-33-4-1;
IC
4-33-4-2; IC
4-33-4-3
Affected: IC
4-33-3-23; IC
4-33-4-7;
IC
4-33-4-17;
IC
4-33-6-1;
IC
4-33-7-1;
IC
4-33-8-2
Sec. 4.
(a) Upon
written request served on a party, the requesting party shall be entitled to
the following:
(1) The name and address of any
witness who may be called to testify on behalf of a party. The parties shall be
under a continuing duty to update this list.
(2) All documents or other materials in the
possession or control of a party which the party reasonably expects will be
necessary to introduce into evidence. The petitioner's burden of production
includes those documents the petitioner reasonably expects to introduce into
evidence either in the petitioner's case-in-chief or rebuttal. Rebuttal
documents, to the extent that they are not immediately identifiable, shall be
tendered to the respondent within two (2) weeks after receipt of documents
tendered to petitioner by respondent unless additional time is granted by the
hearing officer.
(b)
Discovery may be obtained in accordance with rule 28(F) of the Indiana Rules of
Trial Procedure. Witnesses and documents responsive to a proper request for
production that were not produced shall be excluded from the hearing and
additional sanctions or penalties may be imposed.
(c) The parties shall make every effort to
resolve disputes regarding discovery. Disputes that are unresolved may be
brought to the hearing officer for resolution via:
(2) motion for protective order; or
(3) other appropriate motion; under the
Indiana Rules of Trial Procedure. The disputed discovery is stayed during the
pendency of such motion unless the hearing officer orders discovery to
continue. Discovery shall be stayed for a period of not more than ten (10)
days. The hearing officer may extend the time during which discovery is stayed
upon a showing of good cause. The filing of such a motion shall not extend the
time to complete discovery, nor provide cause for a continuance of the hearing
on the merits, unless the hearing officer orders an extension or
continuance.
