S.C. Code Regs. § § 9-100.232

Current through Register Vol. 48, No. 11, November 22, 2024

Section 9-100.232 - Discovery: Supplementation of Response

A party who has responded to a request for discovery with a response that was complete when made is under a duty to supplement the response to include information thereafter acquired, as follows:

A. A party is under a duty to supplement in a timely fashion a response with respect to any question directly addressed to:

1. the identity and location of persons having knowledge of discoverable matters, and

2. the identity of each person expected to be called as an expert witness, the subject matter on which the person is expected to testify, and the substance of the testimony.

B. A party is under a duty to amend in a timely fashion a response if the party later obtains information upon the basis of which:

1. the party knows the response was incorrect when made, or

2. the party knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

C. An additional duty to supplement responses may be imposed by order of the Adjudicator or by agreement of the parties or prior to the hearing through new requests for supplementation of prior responses.

S.C. Code Regs. § 9-100.232

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.