Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-4 - Methods of discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Interrogatories.
A party may serve on any other party written
				questions not to exceed 20 in number, including discrete subparts.
				Interrogatories inquiring as to the names and locations of witnesses, or the
				existence, location and custodian of documents or physical evidence shall be
				construed as one interrogatory. All other interrogatories, including
				subdivisions of one numbered interrogatory, shall be construed as separate
				interrogatories. Each question shall be answered separately and fully in
				writing or shall be objected to by the person making the answer. If objected
				to, the reasons shall be stated. Answers or objections shall be made within
				twenty (20) calendar days after service unless a shorter or longer time is
				ordered or agreed upon by the parties. Where the answer to a question may be
				obtained from the records kept by a party, it is a sufficient answer to specify
				the records from which the answer may be obtained. The answer shall afford the
				party making the request an opportunity to examine, audit or inspect such
				records.
(b)
Requests for
				Production or entry upon land.
A party may serve on any other party a
				request to produce, inspect and copy any designated documents not confidential
				or privileged; or to permit entry upon designated land or other property in the
				possession or control of the party upon whom the request is served for the
				purpose of inspection and measuring, surveying, photographing, testing or
				sampling the property or any designated object or operation thereon. A request
				shall describe with particularity the items to be produced or inspected and
				shall indicate a reasonable time, place and manner of making the inspection and
				performing any related acts. A written response to each item or category shall
				be made within twenty (20) calendar days after the service of a request unless
				a shorter or longer time is ordered or agreed upon by the parties. The response
				shall either state that the production or inspection will be permitted, or if
				objected to, the reasons shall be stated. A party who produces documents for
				inspection shall produce them as they are kept in the usual course of business
				or shall organize and label them to correspond with the categories in the
				request.
(c)
Requests for
				Admission.
A party may serve on any other party written requests for
				admissions, not to exceed 20 in number, regarding the truth of any matters that
				relate to statements or opinions of fact or of the application of law to fact.
				This includes the genuineness of any documents described in the request. Copies
				of documents shall be served with the request unless they have otherwise been
				furnished or made available for inspection and copying. Each matter for which
				an admission is requested shall be answered separately. The answer shall admit
				or deny the matter or state why the answering party can not admit or deny the
				matter. A written response shall be made within twenty (20) calendar days after
				the service of a request unless a shorter or longer time is ordered or agreed
				upon by the parties. If an objection is made the reasons shall be stated. Any
				matter admitted is established unless withdrawal or amendment of the admission
				is permitted by the assigned administrative law judge.
(d)
Depositions.
A party may ask
				questions of any other party or person, under oath, before a person authorized
				to administer such oath. A written transcript shall be made by the person
				seeking the deposition and that person shall provide a copy to the other party
				or person. The requirements for conduct of depositions set forth in 12 O.S.
				§
									3230
				shall be applicable to depositions in cases before the Department, unless such
				would conflict with the Administrative Procedures Act, or these rules. At the
				discretion of the assigned administrative law judge, depositions may be taken
				by videoconference and/or recorded on videotape or other electronic medium.
				Depositions so taken shall also be transcribed by stenographic means. The
				admissibility of video deposition evidence shall be at the discretion of the
				assigned administrative law judge. Video depositions for purposes of submission
				as testimony at the hearing, where the witness is unavailable, may be permitted
				on a case by case basis, subject to approval of the assigned administrative law
				judge.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10