Ohio Administrative Code › Title 5717 - Board of Tax Appeals › Chapter 5717-1 - General Provisions › Section 5717-1-12 - Discovery

Current through all regulations passed and filed through July 1, 2024
(A)
								 Where parties agree early in the proceedings that a
			 hearing is not necessary, discovery deadlines and disclosures in the applicable
			 case management schedule may be rendered moot. Discovery may be permitted by
			 deposition upon oral examination or written questions; written interrogatories;
			 production of documents or tangible things or permission to enter upon land or
			 other property; and requests for admissions. The "Ohio Rules of Civil
			 Procedure" shall be followed for discovery purposes to the extent they are not
			 inconsistent with other board rules. Discovery shall be subject to the
			 following limitations:
(1)
									 Discovery should be commenced by all parties promptly
			 after the filing of a notice of appeal and should be completed within the
			 applicable case management schedule established in rules
			 5717-1-07
			 and
			 5717-1-08 of
			 the Administrative Code, such deadlines also serving as the last day for a
			 party to seek involvement of the board in discovery matters. Upon motion and
			 for good cause, the board may establish other specific times for completion of
			 discovery, generally limited to one extension of thirty days.
(2)
									 The board
			 expects all counsel to provide for orderly, mutual discovery, freely exchanging
			 discoverable information and documents. Counsel shall make all reasonable
			 efforts to resolve discovery disputes by extra-judicial means, without
			 intervention by the board. To the extent counsel may not resolve such disputes,
			 then they may seek intervention of the board to supervise
			 discovery.
(3)
									 Answers, objections or other responses to discovery
			 requests shall be served within twenty-eight days after service of such
			 requests unless the board orders or the parties agree to a different period of
			 time. Depositions, interrogatories, and admissions shall not be submitted to
			 the board, unless the party intends to offer such discovery documents as
			 evidence in a hearing. Responses to discovery requests shall be timely
			 supplemented.
(4)
									 Any motion concerning discovery shall include only
			 those specific portions of the discovery documents necessary for resolution of
			 the motion. Before filing a motion concerning discovery, the filer shall make a
			 reasonable effort to resolve the matter through discussion with the attorney,
			 unrepresented party, or person from whom discovery is sought. The motion shall
			 be accompanied by a statement reciting the extra-judicial efforts made to
			 resolve the matter in accordance with this section.
(5)
									 An expert may
			 not be permitted to testify if he or she has not been timely identified prior
			 to hearing consistent with the applicable case management schedule established
			 in rules
			 5717-1-07
			 and
			 5717-1-08 of
			 the Administrative Code. The parties may mutually agree to the exchange of any
			 written reports of expert witnesses to be relied upon by them. Additionally, an
			 expert's report or portions thereof may be excluded from evidence if the report
			 was not made available in a timely fashion to complete a mutually agreed
			 exchange of reports. In all events, the identity of the expert and the written
			 valuation reports shall disclosed to all parties as soon as known, but no later
			 than the applicable deadlines established in rules
			 5717-1-07
			 and
			 5717-1-08 of
			 the Administrative Code, except as otherwise ordered.