Current through all regulations passed and filed through September 16, 2024
(A)
Where parties agree early in the proceedings that a
hearing is not necessary, discovery deadlines and disclosures in the applicable
case management schedule may be rendered moot. Discovery may be permitted by
deposition upon oral examination or written questions; written interrogatories;
production of documents or tangible things or permission to enter upon land or
other property; and requests for admissions. The "Ohio Rules of Civil
Procedure" shall be followed for discovery purposes to the extent they are not
inconsistent with other board rules. Discovery shall be subject to the
following limitations:
(1)
Discovery should be commenced by all parties promptly
after the filing of a notice of appeal and should be completed within the
applicable case management schedule established in rules
5717-1-07
and
5717-1-08 of
the Administrative Code, such deadlines also serving as the last day for a
party to seek involvement of the board in discovery matters. Upon motion and
for good cause, the board may establish other specific times for completion of
discovery, generally limited to one extension of thirty days.
(2)
The board
expects all counsel to provide for orderly, mutual discovery, freely exchanging
discoverable information and documents. Counsel shall make all reasonable
efforts to resolve discovery disputes by extra-judicial means, without
intervention by the board. To the extent counsel may not resolve such disputes,
then they may seek intervention of the board to supervise
discovery.
(3)
Answers, objections or other responses to discovery
requests shall be served within twenty-eight days after service of such
requests unless the board orders or the parties agree to a different period of
time. Depositions, interrogatories, and admissions shall not be submitted to
the board, unless the party intends to offer such discovery documents as
evidence in a hearing. Responses to discovery requests shall be timely
supplemented.
(4)
Any motion concerning discovery shall include only
those specific portions of the discovery documents necessary for resolution of
the motion. Before filing a motion concerning discovery, the filer shall make a
reasonable effort to resolve the matter through discussion with the attorney,
unrepresented party, or person from whom discovery is sought. The motion shall
be accompanied by a statement reciting the extra-judicial efforts made to
resolve the matter in accordance with this section.
(5)
An expert may
not be permitted to testify if he or she has not been timely identified prior
to hearing consistent with the applicable case management schedule established
in rules
5717-1-07
and
5717-1-08 of
the Administrative Code. The parties may mutually agree to the exchange of any
written reports of expert witnesses to be relied upon by them. Additionally, an
expert's report or portions thereof may be excluded from evidence if the report
was not made available in a timely fashion to complete a mutually agreed
exchange of reports. In all events, the identity of the expert and the written
valuation reports shall disclosed to all parties as soon as known, but no later
than the applicable deadlines established in rules
5717-1-07
and
5717-1-08 of
the Administrative Code, except as otherwise ordered.
(B)
No
hearing will be continued for purposes of discovery unless good cause is
shown.
(C)
Cost of discovery shall be paid by the party
requesting such discovery.
(D)
Upon the motion
of a party and for good cause shown, the board may issue a protective order
restricting discovery of a trade secret or other confidential research,
development or commercial information.
Replaces: 5717-1-11
