Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 2 - RULE OF PRACTICE AND PROCEDURE FOR APPLICATION CASES › Section 49-2-010 - DISCOVERY IN APPLICATION CASES

Current through June 17, 2024
010.01 Except as provided in Section 010.03
				of this Rule, at least ten days prior to the date of the hearing or at the time
				of the pre-hearing conference, whichever is earlier, all parties to the
				proceeding, including applicant, proponents, and protestants, shall file with
				the Director or hearing officer a list of all witnesses who will appear to
				testify at the hearing. This list shall include all relevant information on
				witnesses' background, along with the witnesses' qualifications to testify.
				Each party shall serve such a list on the Department and on each other party to
				the proceeding or its attorneys.
010.02 Except as provided in Section 010.03
				of this Rule, at least ten days prior to the date of the hearing or at the time
				of the pre-hearing conference, whichever is earlier, each party to the
				proceeding shall file with the Director or hearing officer a copy of each
				exhibit to be introduced at the hearing. A copy of each exhibit shall also, at
				least ten days prior to the date of the hearing, be served on each other party
				to the proceeding, or its attorneys. The foundation for each exhibit must
				accompany the exhibit in compliance with Section
				011.02C of this
				Rule. Rebuttal exhibits are limited to those solely in rebuttal to testimony or
				exhibits introduced at the hearing which were not required to be submitted or
				produced until offered.
010.03 The
				Director may accept the late filing of materials enumerated under this Section
				for good cause shown. For purposes of this Section, good cause shall have the
				same meaning as is set forth in Section 006.03A of this Rule.
010.04 If a continuance of the hearing is
				granted under Section
				006.03 of this Rule, the time
				schedule for submitting material under this Section shall be set by the hearing
				officer.
010.05 When a filing or
				submission date falls on a weekend or legal holiday, the date for such filing
				or submission shall be the next business day.
010.06 A document submitted by facsimile
				transmission shall not be sufficient to satisfy the requirements of this
				Section, unless previously authorized by the hearing officer.
010.07 The hearing officer or a designee, at
				the request of any party, or the Department, or upon the hearing officer's own
				motion, may issue subpoenas, discovery orders, and protective orders in
				accordance with the Nebraska Rules of Civil Procedure except as may otherwise
				be prescribed by law. Subpoenas and orders issued under this Subsection may be
				enforced by the District Court of Lancaster County, Nebraska.
010.08 Any prehearing motion to compel
				discovery, motion to quash, motion for protective order or other
				discovery-related motion shall:
010.08A Quote
				the interrogatory, request, question, or subpoena at issue, or be accompanied
				by a copy of the interrogatory, request, subpoena or excerpt of a
				deposition;
010.08B State the
				reasons supporting the motion;
010.08C Be accompanied by a statement setting
				forth the steps or efforts made by the moving party or his or her counsel to
				resolve by agreement the issues raised and that agreement has not been
				achieved; and
010.08D Be filed with
				the Department. The moving party must serve copies of all such motions to all
				parties to the application case.