(a) Limits on discovery.
(1) Subject to the limitations set out
in paragraphs (b) through (d) of this section, a party to a proceeding
under this subpart may obtain document discovery by serving a written
request to produce documents. For purposes of a request to produce
documents, the term documents includes writings, drawings, graphs,
charts, photographs, recordings, electronically stored information,
and other data or data compilations stored in any medium from which
information can be obtained either directly or, if necessary, after
translation by the responding party, into a reasonably usable form.
(2) Discovery by use of
deposition is governed by section 263.53.
(3) Discovery by use of either interrogatories
or requests for admission is not permitted.
(4) Any request to produce documents that
calls for irrelevant material; or that is unreasonable, oppressive,
excessive in scope, unduly burdensome, or repetitive of previous requests,
or that seeks to obtain privileged documents will be denied or modified.
A request is unreasonable, oppressive, excessive in scope, or unduly
burdensome if, among other things, it fails to include justifiable
limitations on the time period covered and the geographic locations
to be searched, or the time provided to respond in the request is
inadequate.
8-067.1
(b) Relevance. A party may obtain document discovery regarding any nonprivileged
matter that has material relevance to the merits of the pending action.
8-067.2
(c) Privileged matter. Privileged
documents are not discoverable. Privileges include the attorney-client
privilege, attorney work-product doctrine, bank examination privilege,
law enforcement privilege, any government’s or government agency’s
deliberative process privilege, and any other privileges the Constitution,
any applicable act of Congress, or the principles of common law provide.
8-067.3
(d) Time limits. All document
discovery, including all responses to discovery requests, must be
completed by the date set by the ALJ and no later than 30 days prior
to the date scheduled for the commencement of the hearing, except
as provided in the local rules. No exceptions to this time limit are
permitted, unless the ALJ finds on the record that good cause exists
for waiving the requirements of this paragraph (d).
