(1)
Availability; procedures for use. The commission may serve
written interrogatories to be answered by a
party or, if the
party from whom
the information is sought is a public or private corporation or a partnership
or association or governmental agency, by any officer or agent, who shall
furnish such information as is available to the
party.
Each interrogatory shall be followed by a reasonable space for
insertion of the answer An interrogatory which does not comply with this
requirement shall be subject to objection. The interrogatories must be
accompanied by a written notice informing the person to whom the
interrogatories are directed that a response is mandatory and that sanctions
can be levied for a failure to respond.
Each interrogatory shall be answered separately and fully in
writing under oath, unless it is objected to, in which event the reasons for
objection shall be stated in lieu of an answer
A party answering interrogatories must answer in the space
provided or must set out each interrogatory immediately preceding the answer to
it. A failure to comply with this rule shall be deemed a failure to answer and
shall be subject to sanctions as provided in rule 161-9.16 (216). Answers are to
be signed by the person making them. Objections, if any, shall be served within
30 days after the interrogatories are served. The commission may move for an
order under subrule 9.16(1) with respect to any objection to or other failure
to answer an interrogatory.
The commission shall not serve more than 30 interrogatories on
any party under the authority of this rule except upon agreement by the person
from whom information is sought or leave of the presiding officer for discovery
granted upon a showing of good cause. A motion for leave to serve more than 30
interrogatories must be in writing and shall set forth the proposed
interrogatories and the reasons establishing good cause for their use.
Notwithstanding the provisions of this subrule the commission
may, without limitation on the number of questions, solicit information from
the parties in the form of a written questionnaire. The response to these
questions, however, cannot be compelled under rule 161-9.16 (216).
(2)
Scope. An
interrogatory otherwise proper is not necessarily objectionable merely because
an answer to the interrogatory involves an opinion or contention that relates
to fact or the application of law to fact, but the presiding officer for
discovery may order that such an interrogatory need not be answered until a
later time.
(3)
Option to
produce business records. Where the answer to an interrogatory may be
derived or ascertained from the business records of the party upon whom the
interrogatory has been served or from an examination, audit or inspection of
such business records, or from a compilation, abstract or summary based
thereon, and the burden of deriving or ascertaining the answer is substantially
the same for the commission 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 to afford to the commission reasonable opportunity
to examine, audit or inspect such records and to make copies, compilations,
abstracts or summaries. A specification shall be in sufficient detail to permit
the commission to locate and identify as readily as can the party served, the
records from which the answer may be ascertained.
