Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-10 - Discovery

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 10.
(a) Parties
				may obtain discovery regarding any matter, not privileged, which is relevant to
				the subject matter involved in the pending action, including the existence,
				description, nature, custody, condition and location of any books, documents,
				or other tangible things. It is not grounds for objection that the information
				sought will be inadmissible at the hearing if the information sought appears
				reasonably calculated to lead to the discovery of admissible evidence.
(b) All discovery requests shall
				be made in writing and served upon all parties. Discovery may be conducted
				without filing such requests with the commission.
(c)
(1) Any
				party against whom discovery is directed shall satisfy the request within (30)
				days following receipt thereof or reach an agreement with the requesting party
				as to the nature, scope and time schedule for the requested discovery. An
				evasive or incomplete answer, if made in bad faith, shall be considered a
				failure to answer.
(2) Any party
				against whom discovery is directed may object to a discovery request. The
				objection must be made in writing and specifically enumerate which items of the
				discovery request are objectionable and why. Any objection to a discovery
				request shall be made within ten (10) days of receipt of the request or such
				objection shall be deemed waived.
(3) If a party against whom discovery is
				directed fails to satisfy the request within the required or agreed time
				schedule or objects to the discovery request, the party seeking discovery may
				file with the commission a written motion to compel discovery attaching a copy
				of the discovery request and any objections and setting forth the reasons why
				such discovery shall be filed within seven (7) days following receipt of
				service of the motion, unless the presiding officer shall prescribe a different
				time. Any reply to responses shall be filed within five (5) days of receipt of
				service of the response, unless the presiding officer shall prescribe a
				different time.
(4) The party
				against whom discovery is directed may file a motion for protective order
				seeking protection from unduly burdensome, oppressive or unreasonably
				duplicative discovery or seeking to establish reasonable guidelines for the
				discovery sought.
(5) In order to
				serve the public interest and expedite the discovery process, the presiding
				officer, with or without motion, may call an informal attorneys' conference to
				be conducted off the record of the proceeding, for the purpose of discussing,
				hearing argument on, and resolving discovery disputes. The presiding officer
				shall have authority to participate in the discussions and assist the parties
				in resolving discovery disputes. The rulings of the presiding officer made at
				such conference shall be reduced to writing in the form of a docket entry and
				shall be binding upon all the parties.