Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.16 - Consequences of Failure to Make Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion for order compelling
			 discovery.
The commission, upon reasonable notice to the party from
			 whom discovery was sought and all persons affected thereby, may move for an
			 order compelling discovery as follows:
a.
Appropriate officer A
motion to compel discovery shall be made
			 to the presiding officer for discovery.
b.
Motion.
If a deponent
			 fails to answer a question propounded or submitted under rule
			 161-9.17
			 (216), or a corporation or other entity fails to make a designation under
			 subrule 9.18(5), or a party fails to answer an interrogatory submitted under
			 rule
			 161-9.9 (216), or
			 if a party, in response to a request for inspection submitted under rule
			 161-9.12
			 (216), fails to respond that inspection will be permitted as requested or fails
			 to permit inspection as requested, the commission may move for an order
			 compelling an answer, a designation, or an inspection in accordance with the
			 request. When taking a deposition on oral examination, the commission may
			 complete or adjourn the examination before moving for an order
Any order granting a motion made under this rule shall include
				a statement that a failure to comply with the order may result in the
				imposition of sanctions pursuant to rule
				161-9.16
				(216).
In ruling on such motion, the presiding officer for discovery
				may make such protective order as the presiding officer for discovery would
				have been empowered to make on a motion pursuant to subrule
				161-9.8
				(1).
c.
Evasive or
			 incomplete answer
For purposes of this subrule an evasive or
			 incomplete answer is to be treated as a failure to answer
d.
Award of expenses of
			 motion.
If the motion is granted, the presiding officer for discovery
			 shall, after opportunity for hearing, require the party or deponent whose
			 conduct necessitated the motion or the party or attorney advising such conduct
			 or both of them to pay to the commission the reasonable expenses incurred in
			 obtaining the order, including attorneys' fees, unless the presiding officer
			 for discovery finds that the opposition to the motion was substantially
			 justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the presiding officer for discovery
				shall, after opportunity for hearing, require the commission to pay to the
				party or deponent who opposed the motion the reasonable expenses incurred in
				opposing the motion, including attorneys' fees, unless the presiding officer
				for discovery finds that the making of the motion was substantially justified
				or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the
				presiding officer for discovery may apportion in a just manner the reasonable
				expenses incurred in relation to the motion.
e.
Notice to party.
If the
			 motion is granted, the presiding officer for discovery shall mail or cause to
			 have mailed a copy of the order to counsel and to the party or parties whose
			 conduct, individually or by counsel, necessitated the motion.