(1) Upon motion
by a
party or by the person from whom discovery is sought or by any person who
may be affected thereby, and for good cause shown, the
presiding officer for
discovery:
a. May make any order which justice
requires to protect a
party or other person from annoyance, embarrassment,
oppression, or undue burden or expense, including one or more of the following:
(1) That the discovery not be had;
(2) That the discovery may be had only on
specified terms and conditions, including a designation of the time or
place;
(3) That the discovery may
be had only by a method of discovery other than that selected by the
commission;
(4) That certain
matters not be inquired into, or that the scope of the discovery be limited to
certain matters;
(5) That discovery
be conducted with no one present except persons designated by the presiding
officer for discovery;
(6) That a
deposition after being sealed be opened only by order of a court, a commission
contested case presiding officer, or the presiding officer for
discovery;
(7) That a trade secret
or other confidential research, development, or commercial information not be
disclosed or be disclosed only in a designated way;
(8) That the parties simultaneously file
specified documents or information enclosed in sealed envelopes to be opened as
directed by the presiding officer for discovery.
b. Shall limit the frequency of use of the
methods described in subrule 9.6(1) if the
presiding officer for discovery
determines that:
(1) The discovery sought is
unreasonably cumulative or duplicative, or is obtainable from some other source
that is more convenient, less burdensome, or less expensive;
(2) The commission has had ample opportunity
by discovery in the action to obtain the information sought; or
(3) The discovery is unduly burdensome or
expensive, taking into account the needs of the case, the amount in
controversy, limitations on the objecting party's resources, and the importance
of the issues at stake in the investigation.
(2) If the motion for a protective order is
denied in whole or in part, the presiding officer for discovery may, on such
terms and conditions as are just, order that any party or other person provide
or permit discovery.
(3) Award of
expenses of motion. If the motion is granted, the
presiding officer for
discovery shall, after opportunity for hearing, require the commission, if it
opposed the motion, to pay to the
party or other person making the motion the
reasonable expenses incurred in obtaining the order, including attorneys' fees,
unless the
presiding officer for discovery finds that the opposition to the
motion was substantially justified or that other circumstances make an award of
expenses unjust.
If the motion is denied, the presiding officer for discovery
shall, after opportunity for hearing, require the party or deponent who made
the motion or the party or attorney advising such a motion or both of them to
pay to the commission the reasonable expenses incurred in opposing the motion,
including attorneys' fees, unless the presiding officer for discovery finds
that the making of the motion was substantially justified or that other
circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the
presiding officer for discovery may apportion in a just manner the reasonable
expenses incurred in relation to the motion.
