Mich. Admin. Code 792.10243 - Interrogatories to parties
Rule 243.
(1) A
party to a contested case may serve upon all adverse parties written
interrogatories to be answered by the party to whom the interrogatories are
directed.
(2) Interrogatories must
be answered separately and fully in writing under oath. If an interrogatory is
objected to, the reasons for objection must be stated in place of an answer.
The answers must be signed by the person making them and contain information
that is available to the party served or that could be obtained by the party
from its employees, agents, representatives, or persons who may testify on the
party's behalf. The party to whom the interrogatories are directed shall serve
a copy of the answers on the party or the party's attorney or authorized
representative submitting the interrogatories and on all other parties or their
attorneys or authorized representatives within 28 days after service of the
interrogatories.
(3) If any of the
interrogatories have not been answered within the time specified under subrule
(2) of this rule, then the tribunal, on motion and for good cause shown, may
issue an order compelling a response.
(4) To the extent that answers are admissible
as evidence before the tribunal, answers to interrogatories may be used against
the party making them, and an adverse party may introduce an answer that has
not been previously offered in evidence by a party.
(5) A person who answers interrogatories is
not the witness of the party who submits the interrogatories.
(6) By tribunal order, interrogatories may be
limited, as justice requires, to protect the answering party from annoyance,
expense, embarrassment, oppression, or violation of a privilege.
(7) A party who has given a response that was
complete when made is not under a duty to supplement the response to include
information thereafter acquired, unless ordered by the tribunal, except as
follows:
(a) To supplement the response with
respect to any question directly addressed to the identity and location of
persons having knowledge of discoverable matters, or the identity of each
person expected to be called as a witness at the hearing, the subject matter on
which the witness is expected to testify, and the substance of the witness's
testimony.
(b) To amend a prior
response that the party knows was incorrect when made based on information
obtained by the party, or to amend a prior response that was correct when made,
but that is no longer true and failing to amend the response is, in substance,
a knowing concealment.
Notes
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Rule 243.
(1) A party to a contested case may serve upon another party a request to produce or permit the inspection and copying or photographing, by or on behalf of the requesting party , of any designated documents, papers, books, records, accounts, letters, photographs, objects, or tangible things, which are not privileged, which come within the scope of discovery permitted by MCR 2.302(B), and which are in the party 's possession, custody, or control .
(2) A party to a contested case may serve upon another party a request to permit entry and inspection of the property under appeal by or on behalf of the requesting party .
(3) A party upon whom a request is served under subrule (1) or (2) of this rule shall serve a copy of the response to the request on the party or party 's attorney or authorized representative submitting the request and on all other parties within 28 days after service of the request.
(4) If a party upon whom a request is served under subrule (1) or (2) of this rule does not comply with the request, then the tribunal may, upon motion or its own initiative, order the party to do either of the following:
(a) Produce or permit the inspection and copying or photographing, by or on behalf of the requesting party , of any designated documents, papers, books, records, accounts, letters, photographs, objects, or tangible things, which are not privileged and come within the scope of discovery permitted by MCR 2.302(B), and which are in the party 's possession, custody, or control .
(b) Permit entry and inspection of the property under appeal.
(5) The order may specify the time, place, and manner of making the production or permitting the inspection and copying or photographing of any designated documents, papers, books, records, accounts, letters, photographs, objects, or tangible things or entry and inspection of the property under appeal. The order may prescribe other terms and conditions as are just.
(6) If the party or person claims that the item is not in their possession or control or that they do not have information calculated to lead to discovery of the item's whereabouts, then they may be ordered to submit to examination before the tribunal or to other means of discovery regarding the claim.