Virginia Administrative Code › Title 5 - CORPORATIONS › Agency 5 - STATE CORPORATION COMMISSION, CLERK'S OFFICE › Chapter 20 - STATE CORPORATION COMMISSION RULES OF PRACTICE AND PROCEDURE › Part IV - Discovery and Hearing Preparation Procedures › Section 5VAC5-20-260 - Interrogatories or requests for production of documents and things

Current through Register Vol. 40, No. 24, July 15, 2024
The commission staff and any party in a formal proceeding
					 before the commission, other than a proceeding under
					 5VAC5-20-100 A, may serve written
					 interrogatories or requests for production of documents upon a party, to be
					 answered by the party served, or if the party served is an entity, by an
					 officer or agent of the entity, who shall furnish to the staff or requesting
					 party information as is known. Interrogatories or requests for production of
					 documents, including workpapers pursuant to
					 5VAC5-20-270, that cannot be timely
					 answered before the scheduled hearing date may be served only with leave of the
					 commission for good cause shown and upon such conditions as the commission may
					 prescribe. Such otherwise untimely interrogatories or requests for production
					 of documents, including workpapers pursuant to
					 5VAC5-20-270, may not be served
					 until such leave is granted. Interrogatories or requests for production of
					 documents may be served upon a member of the commission staff, or an expert or
					 consultant filing testimony on behalf of the commission staff, in a proceeding
					 under 5VAC5-20-80 to discover:
(i) factual information that supports the
				  workpapers submitted by the staff pursuant to
				  5VAC5-20-270, including electronic
				  spreadsheets that include underlying formulas and assumptions;
(ii) any other documents relied upon as a
				  basis for recommendations or assertions in prefiled testimony, staff reports or
				  exhibits filed by staff, or by an expert or consultant filing testimony on
				  behalf of the staff; or
(iii) the
				  identity of other formal proceedings in which an expert or consultant filing
				  testimony on behalf of the staff testified regarding the same or a
				  substantially similar subject matter. The disclosure of communications within
				  the commission shall not be required and, except for good cause shown, no
				  interrogatories or requests for production of documents may be served upon a
				  member of the commission staff, or an expert or consultant filing testimony on
				  behalf of the staff, prior to the filing of staff's testimony. All
				  interrogatories and requests for production of documents shall be filed with
				  the Clerk of the Commission. Responses to interrogatories and requests for
				  production of documents shall not be filed with the Clerk of the Commission.
The response to each interrogatory or document request
					 shall identify by name the person making the response. Any objection to an
					 interrogatory or document request shall identify the interrogatory or document
					 request to which the objection is raised, and shall state with specificity the
					 basis and supporting legal theory for the objection. Objections shall be served
					 with the list of responses or in such manner as the commission may designate by
					 order. Responses and objections to interrogatories or requests for production
					 of documents shall be served within 10 days of receipt, unless otherwise
					 ordered by the commission. Upon motion promptly made and accompanied by a copy
					 of the interrogatory or document request and the response or objection that is
					 subject to the motion, the commission will rule upon the validity of the
					 objection; the objection otherwise will be considered sustained.
Interrogatories or requests for production of documents may
					 relate to any matter not privileged, which is relevant to the subject matter
					 involved, including the existence, description, nature, custody, condition, and
					 location of any books, documents, or other tangible things, and the identity
					 and location of persons having knowledge of evidentiary value. It is not
					 grounds for objection that the information sought will be inadmissible at the
					 hearing if the information appears reasonably calculated to lead to the
					 discovery of admissible evidence.
Where the response to an interrogatory or document request
					 may only be derived or ascertained from the business records of the party
					 questioned, from an examination, audit, or inspection of business records, or
					 from a compilation, abstract, or summary of business records, and the burden of
					 deriving or ascertaining the response is substantially the same for one entity
					 as for the other, a response is sufficient if it (i) identifies by name and
					 location all records from which the response may be derived or ascertained; and
					 (ii) tenders to the inquiring party reasonable opportunity to examine, audit,
					 or inspect the records subject to objection as to their proprietary or
					 confidential nature. The inquiring party bears the expense of making copies,
					 compilations, abstracts, or summaries.
Statutory Authority
§ 12.1-13 of the Code of
						Virginia.