170 Ind. Admin. Code 1-1.1-16

Current through October 23, 2024

Section 170 IAC 1-1.1-16 - Discovery

Authority: IC 8-1-1-3; IC 8-1-2-47

Affected: IC 8-1-1-5; IC 8-1-1.1-5.1

Sec. 16.

(a) Parties shall be entitled to the discovery provisions of Rules 26 through 37 of the Indiana Rules of Trial Procedure as from time to time amended by the Indiana supreme court or general assembly.

(b) A party may issue a written request for discovery to another party. Unless otherwise directed by the presiding officer, if the party against whom the discovery is directed does not satisfy the request within ten (10) calendar days following receipt thereof or reach an agreement with the requesting party as to the nature, scope, and time for the requested discovery, the party seeking discovery may make written application to the commission for an order compelling discovery, specifically setting forth and detailing the:

(1) discovery sought;

(2) reasons why it is thought to be relevant to the issues; and

(3) reasonable efforts taken to reach agreement.

The presiding officers shall thereupon grant, grant in part, or deny the application and shall promptly advise the parties of its determination. Where the application is granted, in whole or in part, the party against whom discovery is sought shall allow discovery as specified by the presiding officers. No continuance of a scheduled hearing shall be granted for inability to complete discovery unless the parties have complied with the foregoing provisions.

(c) To serve the public interest and expedite the discovery process, the presiding officer, with or without motion, may call one (1) or more informal attorneys' conferences for the purpose of discussing, hearing argument on, and resolving discovery disputes, including discovery issues and discovery schedules. The presiding officer may:

(1) participate in the discussions; and

(2) assist the parties in resolving discovery disputes.

The presiding officer shall reduce to writing in the form of a docket entry rulings made at the attorneys' conference.

(d) Parties may request a protective order pursuant to the requirements set forth in Indiana Trial Rule 26(C) and, as appropriate, section 4 of this rule. Upon a request, the presiding officer may grant appropriate protective relief, which may include an informal, off the record attorneys' conference to conduct an in camera review of the material sought in discovery.

170 IAC 1-1.1-16

Indiana Utility Regulatory Commission; 170 IAC 1-1.1-16; filed Oct 30, 2000, 2:10 p.m.: 24 IR 661; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; filed May 21, 2008, 9:29 a.m.: 20080618-IR-170070514FRA; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFA

Readopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFA

Filed 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA