Code of Massachusetts Regulations
207 CMR - CABLE TELEVISION DIVISION
Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS
Section 15.06 - Discovery; Automatic Disclosure

Universal Citation: 207 MA Code of Regs 207.15

Current through Register 1531, September 27, 2024

(1) Each party to an Accelerated Docket proceeding shall serve on the other parties, with its initial pleading and with any reply statements in a pre-initial-status-conference filing, copies of all documents in the possession, custody, or control of the party that are likely to bear significantly on any claim or defense. A document also shall include data compilations and tangible things. A document is likely to bear significantly on a claim or defense if it:

(a) Appears likely to have an influence on, or affect the outcome of, a claim or defense;

(b) Reflects the relevant knowledge of persons who, if their potential testimony were known, might reasonably be expected to be deposed or called as a witness by any of the parties;

(c) Is something that competent counsel would consider reasonably necessary to prepare, evaluate or try a claim or defense; or

(d) Would not support the disclosing party's contentions.

(2) Each party to an Accelerated Docket proceeding shall also serve on the other parties, with its initial pleading and with any reply statements in a pre-initial-status-conference filing, the name and, if known, the address and telephone number of each individual likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings, identifying the subjects of the information.

(3) In its pre-initial-status conference filing, parties to Accelerated Docket proceedings may request additional discovery beyond that contained in the initial pleadings. In their pre-initial-status-conference filings, parties may request additional documents and seek leave to conduct a reasonable number of depositions, including depositions of expert witnesses, if any. When requesting additional discovery, each party shall be prepared at the status conference to justify its requests by identifying the specific issue or issues on which it expects to obtain evidence from each request. At the initial status conference, Department staff will determine whether requested additional discovery will be allowed.

(4) Interrogatories. Interrogatories shall not be routinely granted in Accelerated Docket proceedings. A party to an Accelerated Docket proceeding that prefers interrogatories to the other forms of available discovery, for reasons of convenience or expense, may seek leave in its pre-initial-status-conference filing to propound a limited number of interrogatories.

(5) Expert Witnesses. Any complainant or respondent in an Accelerated Docket proceeding that intends to rely on expert testimony shall identify its expert witnesses in its pre-initial-status-conference filing. Such a complainant or respondent shall also provide its expert statement. An expert statement shall include a brief statement of the opinions to be expressed by the expert, the basis and reasons therefor, and any data or other information that the witness considered in forming his or her opinions. Expert witnesses shall be subject to deposition in Accelerated Docket proceedings under the same rules and limitations applicable to fact witnesses.

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