Section 910 IAC 1-4-1 - DiscoveryAuthority: IC 22-9-1-6
Affected: IC 34-5-1-1
Sec. 1.
(a) Any party to the proceeding shall be entitled to conduct discovery upon issuance of a finding of probable cause. When any party has filed a motion prior to the issuance of a finding of probable cause, all parties are entitled to conduct discovery relevant to the issues raised by such motion. At any other time, the parties may conduct discovery only by leave of the presiding officer, or, if a presiding officer has not been appointed, by any commissioner. Discovery shall be conducted pursuant to the rules of procedure governing discovery set forth in the Indiana Rules of Trial Procedure. Upon the request of any party, the presiding officer, or, if no presiding officer has been appointed, any commissioner, shall, or upon a motion may, issue subpoenas and discovery orders, including protective orders, in accordance with the Indiana Rules of Trial Procedure. The presiding officer, or, if a presiding officer has not been appointed, any commissioner, may limit the conduct of discovery as justice requires. Nothing contained in this section limits the commission's authority to issue a subpoena at any time.(b) Subpoenas and other discovery orders issued by the presiding officer, a commissioner, or the commission may be enforced in circuit or superior court in the manner set forth in the Administrative Orders and Procedures Act.(c) No deposition, request for discovery, or response to a request for discovery under the Indiana Rules of Trial Procedure shall be filed with the commission unless:(1) a motion is filed pursuant to Rule 26(c) or Rule 37 of the Indiana Rules of Trial Procedure and the original deposition, request for discovery, or response to a request for discovery is necessary to enable the commission to rule; or(2) a party desires to use the deposition or request for discovery or response thereto for evidentiary purposes at hearing or in connection with a motion and the presiding officer permits such usage.(d) Subject to Rule 30(e) of the Indiana Rules of Trial Procedure, the original of a deposition shall be:(1) delivered by the reporter to the party taking it; and(2) maintained by that party until filed with the commission or until the case has been finally resolved and the parties have exhausted all rights to appeal.(e) The original of any request for discovery or response thereto shall be maintained by the party originating the request or response until filed with the commission or until the case has been finally resolved and the parties have exhausted all rights to appeal.(f) In the event it is made to appear to the satisfaction of the commission that the original of a deposition or request for discovery or response thereto cannot be filed with the commission when required, the commission may allow use of a copy instead of the original.(g) The filing of any deposition shall constitute publication.Civil Rights Commission; Rule 4; filed Mar 29, 1974, 4:16 p.m.; Rules and Regs. 1975, p. 204; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1392; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA