Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.10 - Depositions and discovery

Current through June 24, 2024
(1) The examiner on
			 application of any party may by issuance of a subpoena or other appropriate
			 order authorize the taking of a deposition of a party or any other person for
			 discovery or other purposes, in such manner and upon such terms and conditions
			 as the examiner may prescribe. Such subpoenas or orders may require the
			 production of documents or physical evidence. Depositions may be taken orally
			 or in writing, or upon written interrogatories. Depositions may be authorized
			 only for the purpose of obtaining information or evidence not otherwise readily
			 available without the taking of a deposition, or which is reasonably calculated
			 to lead to the discovery of admissible evidence. The taking of a deposition may
			 be denied if it will result in undue delay of the proceedings. Upon motion of
			 any party, or at any time the examiner determines, a proponent of procedures
			 authorized in this section may be required to show good cause that such
			 procedures are not being used for purposes of delay or are not otherwise
			 unnecessary or duplicative.
(2)
			 Depositions may be taken before any person having power to administer oaths.
			 Examinations shall be conducted as on direct examination, except that adverse
			 parties or hostile witnesses may be examined as under cross
			 examination.
(3) Depositions under
			 this section may be used as evidence if otherwise admissible under the same
			 circumstances in which they may be admitted in civil actions in courts of
			 law.
(4) If any part of a
			 deposition is put in evidence, any party may require the production of the
			 remainder, or any other portion of the deposition. Depositions under this
			 section may be used for impeachment purposes.
(5) Copies of all written interrogatories and
			 cross interrogatories shall be submitted to the examiner. Each interrogatory
			 shall be fully and completely answered in writing and under oath. Answers,
			 including objections, if any, shall be submitted to the requesting party, with
			 a copy to the examiner, within 10 days after service of the interrogatory, or
			 such other period as the examiner may specify. The requesting party may move
			 for an order overruling objections which are without merit and compelling an
			 answer within such period of time as may be designated by the
			 examiner.
(6) In lieu of or in
			 addition to procedures under sub. (5), any party may serve upon any other
			 party, with a copy to the examiner, a demand to admit or deny the genuineness
			 of relevant documents or the existence or truthfulness of relevant facts. If
			 the party upon whom demand is made fails or refuses to comply with the demand
			 or file objections setting forth grounds for such objections within 10 days
			 after service of the demand, the facts included in the demand shall be taken as
			 true. Answers or objections shall be under oath. The party making the demand
			 may move for an order overruling objections which are without merit, and
			 compelling an admission or denial in accordance with the demand.
(7) Upon failure of the party served to
			 answer as required under subs. (5) and (6), the examiner may, upon motion of
			 the requesting party, enter such order as may be fair and just, including:
(a) An order that designated facts and
			 documents shall be taken to be established in accordance with the claim of the
			 party serving the demand to admit or deny.
(b) An order refusing to allow the
			 disobedient party to support or oppose designated claims or defenses, or
			 prohibiting the party from introducing designated matters in
			 evidence.
(c) An order striking out
			 pleadings or parts thereof.