Section 615 IAC 1-2-13 - DiscoveryAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3; IC 22-8-1.1
Sec. 13.
(a) Pursuant to Trial Rule 28(F) of the Indiana Rules of Trial Procedure any party to a hearing before the Board of Safety Review shall be entitled to use the discovery provisions of Rules 26 through 37 of the Indiana Rules of Trial Procedure. Protective and other orders shall be obtained first from the Board, and if enforcement of such orders or right of discovery is necessary, it may be obtained in a court of general jurisdiction in the county where discovery is being made or sought, or where the hearing is being held.(b) For the purposes of this section, unless the context requires otherwise, references in Trial Rules 26 through 37 to "the court" shall be deemed references to the Board.(c) No deposition or request for discovery or response thereto under Trial Rules 27, 30, 31, 33, 34 or 36 shall be filed with the Board unless:(1) a motion is filed pursuant to T.R. 26(C) or T.R. 37 and the original deposition or request for discovery or response thereto is necessary to enable the Board to rule; or(2) a party desires to use the deposition or request for discovery or response thereto for evidentiary purposes at trial or in connection with a motion, and the Board, either upon its own motion or that of any party, or as a part of any prehearing order, orders the filing of the original.(d) Custody of Original and Period of Retention:(1) The original of a deposition shall, subject to the provisions of Trial Rule 30(E), be delivered by the reporter to the party taking it and shall be maintained by that party until filed with the Board pursuant to subsection (c) or until the later of the Board's final order, agreed settlement of the proceeding or all appellate rights have been exhausted.(2) The original or any request for discovery or response thereto under Trial Rules 27, 30, 31, 33, 34 and 36 shall be maintained by the party originating the request or response until filed with the Board pursuant to subsection (c) or until the later of the Board's final order, agreed settlement or all appellate rights have been exhausted.(e) In the event it is made to appear to the satisfaction of the Board that the original of a deposition or request for discovery or response thereto cannot be filed with the Board when required, the Board may allow use of a copy instead of the original.Board of Safety Review; 615 IAC 1-2-13; filed Nov 12, 1987, 9:30 am: 11 IR 1272; readopted filed Nov 13, 2001, 9:55 a.m.: 25 IR 1305; readopted filed Nov 7, 2007, 2:24 p.m.: 20071205-IR-615070596RFA; readopted filed November 26, 2013, 3:26 p.m.: 20131225-IR-615130405RFAReadopted filed 11/27/2019, 3:26 p.m.: 20191225-IR-615190505RFA