(1) In any proceeding, any party may serve a Request for Production of Documents and Interrogatories, in accordance with these rules, upon any other party.
(2) Any discovery dispute shall be presented at the Prehearing Conference. (See 10B.06.01.06(a)(1) regarding Prehearing Conference.) The Panel Chairperson may request that the Commission compel the Production of Documents, as provided herein.
(b) Requests for Production of Documents
(1) The Request for Production must be limited to twenty (20) individual requests and may only be made of documents not otherwise available to or in the control of the requesting party, or not available in the public record.
(2) Each party served with a Request for Production must file a Response to the Production Request with a copy to the Staff. The Response to the Request for Production must state whether the documents requested are in the control of the party responding. A copy of the response not in the documents must be sent to the Staff.
(3) The inspection must take place at a reasonable and convenient time to both parties.
(4) Copies of documents selected by the requesting party at the inspection must be provided by the responding party to the requesting party at the requesting party’s expense within five (5) days of the inspection.
(c) Interrogatories
(1) Any party, with approval of the Panel Chairperson, may submit Interrogatories which are ten (10) or fewer in number, including subparts, to the other parties.
(2) The Response must repeat the Interrogatory and then provide the Answer.
(3) Both the Interrogatories and the Answers to Interrogatories must be sent to the Staff.
(d) Depositions
Upon a showing of good cause, the Panel Chairperson may order the taking of depositions and the issuance of subpoenas.
(e) Time
(1) The Request for Production of Documents and Interrogatories must be served upon the other party within fifteen (15) days of the date of sending the notice of the jurisdictional decision by the Commission, with a copy sent to the Staff.
(2) The Response to the Request for Production of Documents and Interrogatories must be served within fifteen (15) days of the mailing of the Request for Production of Documents and Interrogatories.
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