Section 4-417. DISCOVERY

 

417.1Any party may obtain discovery from any other party who is subject to the jurisdiction of the Commission. Discovery may be obtained in regard to any matter not privileged, which is or may be reasonably calculated to lead to admissible evidence.

 

417.2Except as otherwise ordered by the hearing examiner, a party shall, without awaiting any discovery request, provide to all parties the following information:

 

(a)The name, and, if known, the address and telephone number of each individual believed to have discoverable information relevant to the facts alleged in the complaint; and

 

(b)A copy of, or a description by category any location of, all documents, data compilations, and tangible things in the possession, custody, or control of the party that are relevant to the facts alleged in the complaint.

 

417.3Unless otherwise stipulated or ordered by the hearing examiner, these disclosures shall be made at or within thirty (30) days following the status conference provided for in § 412.1.

 

417.4Consistent with the scheduling order of each case, parties may obtain discovery by one or more of the following methods:

 

(a)Deposition upon oral examination or written questions;

 

(b)Written interrogatories, except that no party shall serve upon another party at one time or cumulatively more than forty (40) written interrogatories, including parts and subparts, unless otherwise ordered by the hearing examiner for good cause shown;

 

(c)Production of documents or things;

 

(d)Physical and mental examinations; and

 

(e)Requests for admission.

 

417.5Unless otherwise specified by order of the hearing examiner, responses to any discovery request shall be made within thirty (30) days of the service of that request.

 

417.6Upon failure of a party to comply with a discovery request, the requesting party may move for an order of the hearing examiner compelling discovery; provided, that the requesting party shows a substantial need for the requested discovery in preparing its case and is unable to obtain substantially equivalent material by alternate means without undue hardship.

 

417.7An evasive or incomplete answer to a request for discovery shall be considered a failure to comply. Upon such finding, the hearing examiner shall issue an order compelling production of the discovery requested. If the compelled party fails to comply with the order, the hearing examiner may order sanctions including, but not limited to, the following:

 

(a)Award of costs and attorney’s fees to the compelling party;

 

(b)Limitation as to issues or to the admissibility of certain evidence at the hearing; and

 

(c)Disqualification of the compelled party’s representative.

 

417.7Upon motion of a party from whom discovery is requested, the hearing examiner may issue any order which justice requires to protect any party or person from unnecessary annoyance, embarrassment, oppression, or undue burden or expense, including but not limited to, the following:

 

(a)Denial of the requested discovery;

 

(b)Limitation of the requested discovery as to scope, time, method, or other terms and conditions;

 

(c)Protective order of confidentiality as to all or part of the material or information requested; or

 

(d)Requirement that the parties simultaneously file specified documents or information in sealed envelopes to be opened at the direction of the hearing examiner.

 

source

Final Rulemaking published at 42 DCR 1429, 1441-43 (March 24, 1995).