Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-03 - Interrogatories

Current through all regulations passed and filed through July 1, 2024
(A) Subject to the
			 scope of discovery set forth in rule
			 3746-6-01 of the
			 Administrative Code, and such discovery deadlines as the commission may order,
			 any party may serve upon any other party up to forty written interrogatories,
			 to be answered by the party served. A party serving interrogatories shall
			 provide the party served with both a printed and an electronic copy of the
			 interrogatories. The electronic copy shall be useable for word processing and
			 provided  by electronic
			 mail or
			 by means agreed to by the parties. A party who is unable to provide an
			 electronic copy of the interrogatories may seek leave of the commission to be
			 relieved of this requirement. A party shall not propound more than forty
			 interrogatories to any other party without leave of the commission. Upon
			 motion, and for good cause shown, the commission may extend the number of
			 interrogatories that a party may serve upon another party. For purposes of this
			 rule, any subpart propounded under an interrogatory shall be considered a
			 separate interrogatory. If the party served is a
			 corporation, partnership, association, government agency, or political
			 subdivision, it shall designate one or more of its officers, agents, or
			 employees to answer the interrogatories.
								This
			 person shall furnish such information as is known or is available to the
			 party. Each interrogatory shall be answered separately and fully, in writing
			 and under oath, unless it is objected to, in which case the reason for the
			 objection shall be stated in lieu of an answer. The answers shall be signed by
			 the person making them, and the objections shall be signed by the attorney or
			 other person making them. The party upon whom the interrogatories have been
			 served shall serve a copy of the answers or objections upon the party
			 submitting the interrogatories within twenty-eight days after the service
			 thereof, or within such shorter or longer time as the commission may order. The
			 party submitting the interrogatories may move for an order under rule
			 3746-6-08
			 of the Administrative Code with respect to any objection or other failure to
			 answer an interrogatory.
(B)
			 Subject to the scope of discovery set forth in rule
			 3746-6-01 of the
			 Administrative Code, interrogatories may elicit facts, data, or other
			 information known or readily available to the party upon whom the
			 interrogatories are served.
(C)
			 Where the answer to an interrogatory may be derived or ascertained from public
			 documents on file in this state, from documents previously furnished to the
			 party submitting the interrogatory, or from the business records, including
			 electronically stored information, of the party upon whom the interrogatory has
			 been served, and the burden of deriving or ascertaining the answer is
			 substantially the same for the party serving the interrogatory as for the party
			 served, it is a sufficient answer to such interrogatory to specify the records
			 from which the answer may be derived or ascertained and, if the documents have
			 not already been produced, afford the party submitting the interrogatory a
			 reasonable opportunity to examine, audit, or inspect such records.