La. Admin. Code tit. 1, § III-713 - Discovery (formerly Section 521)
A. Any party
to a proceeding may conduct discovery in any manner provided by Title III,
Chapter 3 of the Code of Civil Procedure.
B. A person from whom discovery is sought may
file a motion for protective order to prevent that person from having to
produce the discovery sought. A motion for protective order shall be filed
prior to the date the discovery response is due. A person must respond to all
discovery requests to the extent a protective order is not sought or is not
granted.
C. A party alleging
failure to comply with discovery shall file a motion to compel as soon as
practicable. A motion to compel shall include the relevant portion of the
discovery response(s) at issue, and shall be filed no less than 10 days before
the date of the hearing on the merits, unless good cause is shown. An
administrative law judge may deny or limit the relief sought in a motion to
compel if he/she determines that the discovery requests at issue are improper
or unduly burdensome.
D. When
attempting to obtain documents or things from a party to the proceeding, the
party seeking the documents should attempt to do so through other methods of
discovery prior to requesting a subpoena duces tecum.
1. In cases conducted under
R.S.
32:661 et seq., the Louisiana Tests for
Suspected Drunken Drivers law, a party seeking video or audio recordings of the
underlying events should request that the subpoena duces tecum be directed to
the arresting agency.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.