Wyo. R. Rel. Jud. 11

As amended through April 30, 2019
Rule 11 - Discovery
(a) Scheduling conference. Within 30 days of the date when the filing of the answer was due, the presiding officer of the adjudicatory panel shall hold a scheduling conference, which shall be recorded by such means as the presiding officer shall determine, with disciplinary counsel and the judge or counsel for the judge. At the scheduling conference, the presiding officer shall set dates by which the parties shall exchange information as to identification of witnesses and relevant documents as provided for in these rules. The date and place of the hearing may be set at the scheduling conference. The presiding officer shall determine whether and to what extent any prehearing matter should be heard in a teleconference or submitted for decision in writing without a hearing or teleconference.
(b) Witnesses. By the date set by the presiding officer of the adjudicatory panel, the parties shall exchange the names and addresses of all persons known to have knowledge of the relevant facts. A party may withhold such information only with permission of the presiding officer of the adjudicatory panel who can authorize withholding of the information only for good cause shown, taking into consideration the materiality of the information possessed by the witness and the position the witness occupies in relation to the judge. The presiding officer's review of the withholding request is to be in camera, but the party requesting the information be withheld must advise the other party of the request without disclosing the subject of the request. The presiding officer of the adjudicatory panel shall set a date for the exchange of the names and addresses of all witnesses the parties may intend to call at the hearing.
(c) Depositions. Any witness testifying at a deposition shall be informed of the confidentiality of the proceedings and such witness shall be required to swear or affirm as part of the oath that such witness shall not disclose the existence of the proceeding, the identity of the judge, or the subject of the testimony or evidence.
(d) By the date set by the presiding officer of the adjudicatory panel, the parties shall exchange:
(1) non-privileged evidence relevant to the formal allegations made against the judge including any supplementation of allegations made against the judge, documents to be presented at the hearing, witness statements and summaries of interviews with witnesses who may be called at the hearing; and
(2) other material only upon good cause shown to the presiding officer of the adjudicatory panel.
(e) Both parties have a continuing duty to supplement information required to be exchanged under this rule.
(f) All discovery shall be completed by the date determined by the presiding officer of the adjudicatory panel.
(g) Failure to disclose. The presiding officer of the adjudicatory panel may preclude either party from calling a witness at the hearing if the party has not provided the opposing party with the witness's name and address, any statements, if any exist, taken from the witness or any summaries, if any exist, of any interviews with the witness.
(h) Disputes concerning discovery shall be determined in the sole discretion of the presiding officer, who shall apply such provisions of Rule 26 of the Wyoming Rules of Civil Procedure as may be appropriate.
(i) Anything to the contrary notwithstanding, attorney notes or attorney work product are not discoverable. All communications of disciplinary counsel with an investigatory panel, including but not limited to disciplinary counsel's investigative report, shall be and remain confidential, and shall not be discoverable.

Wyo. R. Rel. Jud. 11

Adopted January 8, 2014, effective April 1, 2014.