Current through September 18, 2024
A. General.
1. The Commission favors prompt and complete
disclosure and exchange of information and encourages informal arrangements
amongst the parties for this exchange. It is further the Commission's policy to
encourage the timely use of discovery as a means toward effective presentations
at hearing and avoidance of the use of cross-examination at hearing for
discovery purposes.
2. Techniques
of pre-hearing discovery permitted in state civil actions may be employed by
any party. Upon experiencing any difficulties in obtaining discovery, the
parties may seek relief from the Commission by filing a proper
motion.
B. Depositions.
1. The testimony of any witness may be taken
by deposition at any time before the hearing is closed. Objection to the
deposition, if any, shall be made in accordance with §
1.16 of this
Part.
2. The deposition shall
proceed in the same manner and pursuant to the same procedures as govern
depositions in the Superior Court in the State of Rhode Island.
C. Data Requests.
1. In any proceeding pending before the
Commission, the Commission staff and any party may request such data, studies,
workpapers, reports, and information as are reasonably relevant to the
proceeding and are permitted by these rules or by statute.
2. Data requests shall be in writing, shall
be directed to the party or its attorney, and shall specify in as much detail
as possible the material requested. Oral data requests may be allowed at the
Commission's discretion when made on the record during a hearing. Any requested
material or portion thereof to which objection is not made as set forth below
shall be produced for the requesting party as soon as practicable and in no
event later than twenty-one (21) days after service of the request, unless the
time for production is otherwise shortened or extended by agreement or
order.
3. Objection to a data
request in whole or in part on the ground that the request is unreasonable
and/or the material is not relevant or not permitted or required by law shall
be made by motion filed as soon as practicable and in no event later than ten
(10) days after service of the request. An oral objection may be made at a
hearing when the Commission has allowed an oral data request. Objections shall
include the portions of the data request objected to and shall detail the basis
for the objection. The presiding officer shall thereupon determine the validity
of the request and shall establish a date for compliance. The relevancy of a
request shall be determined under the standards established for such
determinations under Rule 26 of the Superior Court Rules of
Procedure.
4. The failure of a
party to comply with a data request or a Commission order related thereto shall
be grounds for striking any testimony related to such request.
5. Copies of all data requests shall be
served on all parties, unless a protective order has been granted, and a party
has declined to execute a confidentiality agreement. Copies of the responses
shall be provided to the Division, and to other parties upon request. In
addition, three copies of both requests and responses shall be filed with the
Clerk, unless otherwise directed by the Clerk.
6. Data requests and responses, though part
of the docket, are not evidence unless admitted during a hearing, or by consent
of the parties.
D.
Supplementation of Responses to Discovery Requests. A party who has responded
to a request for discovery is under a duty to reasonably and promptly amend or
supplement the previous response if information is obtained which would have
been required in the previous response if it had been available to the
respondent at the time the response was served.
E. Protective Orders. Upon motion by a party
from whom discovery is sought, and for good cause shown, the presiding officer
may make an order when justice requires to protect the party from unreasonable
annoyance, embarrassment, oppression, burden or expense, or from disclosure of
confidential business and financial information. If the motion for a protective
order is denied in whole or in part, the presiding officer may order that the
party provide or permit discovery.
