Current through all regulations passed and filed through September 16, 2024
(A) Scope of
discovery:
(1) The purpose of this rule is to
encourage the prompt and expeditious use of prehearing discovery to facilitate
thorough and adequate preparation for participation in appeals before the
commission.
(2) Except as otherwise
provided in this chapter, any party to an appeal may discover any matter, not
privileged, which is relevant to the subject matter of the appeal. It is not
grounds for objection that the information sought would be inadmissible at the
hearing, if the information sought appears reasonably calculated to lead to the
discovery of admissible evidence. Discovery may be obtained through one or more
of the following methods: interrogatories, requests for the production of
documents, electronically stored information or things; depositions; and
requests for admission. A party need not provide discovery of electronically
stored information when the production imposes undue burden or expense. On
motion to compel discovery or for protective order, the party from whom
electronically stored information is sought must show the information is not
reasonably accessible because of undue burden or expense. If a showing of undue
burden or expense is made, the commission may nonetheless order production of
electronically stored information if the requesting party shows good cause. The
frequency of using these discovery methods is not limited unless the commission
orders otherwise under rule
3746-6-07 of
the Administrative Code.
(3) Any
party may require any other party to identify each expert witness expected to
testify at the hearing and to state the subject matter on which the expert is
expected to testify. Thereafter, any party may discover from the expert, or
other party, facts or data known or opinions held by the expert which are
relevant to the stated subject matter.
(4) All parties have an obligation to
supplement or correct discovery responses in the following circumstances:
(a) Any question directly addressed to the
identity and location of persons having knowledge of discoverable matters, and
the identity of each person expected to be called as an expert witness at the
de novo hearing and the subject matter on which the expert is expected to
testify.
(b) It becomes apparent
that a response was incorrect when given; or
(c) An order of the commission or agreement
of the parties provides for the supplementation of responses.
(B) The commission may
order the parties to submit a case management schedule establishing discovery
deadlines.
(C) Discovery requests
shall be served upon the party from whom discovery is sought. Responses to
discovery requests shall not be filed with the commission, unless the party
intends to offer such discovery documents as evidence in a hearing. If relief
is sought by a party concerning discovery requests, that party shall file with
the commission copies of the portions of the documents which are in dispute
contemporaneously with any motion filed under rule 3746-06-07 of the
Administrative Code or rule 3746-06-08 of the
Administrative Code.
(D) Nothing in this rule precludes parties
from conducting discovery by mutually agreeable methods or by
stipulation.
