Iowa Code r. 193-7.18 - Discovery
(1) The scope of
discovery described in Iowa Rule of Civil Procedure 1.503 applies to contested
case proceedings.
(2) The following
discovery procedures available in the Iowa Rules of Civil Procedure are
available to the parties in a contested case proceeding: depositions upon oral
examination or written questions; written interrogatories; production of
documents, electronically stored information, and things; and requests for
admission. Unless lengthened or shortened by the presiding officer, the time
frames for discovery in the specific Iowa Rules of Civil Procedure govern those
specific procedures.
a. Iowa Rules of Civil
Procedure 1.701 through 1.717 regarding depositions applies to any depositions
taken in a contested case proceeding. Any party taking a deposition in a
contested case will be responsible for any deposition costs, unless otherwise
specified or allocated in an order. Deposition costs include but are not
limited to reimbursement for mileage of the deponent, costs of a certified
shorthand reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.509 applies
to any interrogatories propounded in a contested case proceeding.
c. Iowa Rule of Civil Procedure 1.512 applies
to any requests for production of documents, electronically stored information,
and things in a contested case proceeding.
d. Iowa Rule of Civil Procedure 1.510 applies
to any requests for admission in a contested case proceeding. Iowa Rule of
Civil Procedure 1.511 regarding the effect of an admission applies in a
contested case proceeding.
(3) The mandatory disclosure and discovery
conference requirements in Iowa Rules of Civil Procedure 1.500 and 1.507 do not
apply to a contested case proceeding. However, upon application by a party, the
board may order the parties to comply with these procedures unless doing so
would unreasonably complicate the proceeding or impose an undue hardship. As a
practical matter, the purpose of the disclosure requirements and discovery
conference is served by the board's obligation to supply the information
described in Iowa Code section
17A.13(2) upon
request while a contested case is pending and the mutual exchange of
information required in a prehearing conference under rule
193-7.22 (17A).
(4) Iowa Rule of Civil Procedure 1.508
applies to discovery of any experts identified by a party to a contested case
proceeding.
(5) Discovery will be
served on all parties to the contested case proceeding, but not be filed with
the board.
(6) A party may file a
motion to compel or other motion related to discovery in accordance with this
subrule. Any motion filed with the board relating to discovery will allege that
the moving party has previously made a good-faith attempt to resolve with the
opposing party the discovery issues involved. Motions in regard to discovery
will be ruled upon by the presiding officer. Opposing parties will 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.
(7)
Evidence obtained in discovery may be used in the contested case proceeding if
that evidence would otherwise be admissible in that proceeding.
Notes
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