Iowa Admin. Code r. 282-11.15 - Discovery
(1) The
following Iowa Rules of Civil Procedure applicable to discovery are available
for use in contested cases: 1.1701, 1.507, 1.509, 1.510, 1.511 and
1.512.
(2) A party may file a
motion to compel or other motion related to discovery in accordance with this
subrule. Any motion filed with the presiding officer relating to discovery
shall allege that the moving party has previously made a good-faith attempt to
resolve the discovery issues involved with the opposing party . Motions in
regard to discovery shall be ruled upon by the presiding officer . Opposing
parties shall be afforded the opportunity to respond within ten days of the
filing of the motion unless the time is lengthened or shortened by the
presiding officer . The presiding officer may rule on the basis of the written
motion and any response or may order argument on the motion.
(3) Evidence obtained in such discovery may
be used in contested case proceedings if the evidence would otherwise be
admissible in the contested case proceedings.
Notes
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(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer , time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party . Motions in regard to discovery shall be ruled upon by the presiding officer Opposing parties shall be afforded the Opportunity to respond within ten days of the filing of the motion unless the time is shortened as provided in subrule 11.15(1). The presiding officer may rule on the basis of the written motion and any response, or may order argument on the motion.
(3) Evidence obtained in discovery may be used in the contested case proceeding if that evidence would otherwise be admissible under rule 282-I1.22(I7A,272). In discovery matters, the parties shall honor the rules of privilege imposed by law.