30 Miss. Code. R. 2645-1.6 - Discovery

A. Upon written request by a respondent or his or her counsel, complaint counsel of the Board shall disclose and permit respondent or his or her counsel to inspect, copy or photograph the following information and material, which is in the possession, custody, or control of the Board, or the existence of which is known to the complaint counsel:

1. Names and addresses of all witnesses proposed to be called in complaint counsel's case in chief, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness.

2. Copy of any written or recorded statement of respondent and the substance of any oral statement made by the respondent.

3. Copy of any criminal record of a respondent, if proposed to be used.

4. Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case.

5. All records, documents, physical evidence or photographs which may be offered as evidence in complaint counsel's case in chief.

6. Any exculpatory material concerning the respondent. The Board shall charge a respondent a reasonable fee, not to exceed 50 cents per copy, payable in advance of delivery of copied documents.

B. The Board may deny disclosure authorized by the preceding paragraph if it finds that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary embarrassment, resulting from such disclosure, which outweighs any usefulness of the disclosure to respondent or his or her counsel.

C. Upon written request by complaint counsel, respondent or his or her counsel shall promptly disclose to complaint counsel and permit him or her to inspect, copy or photograph, the following information and material which is in the possession, custody, or control of respondent or his or her counsel, or the existence of which is known to respondent or his or her counsel:

1. Names and addresses of all witnesses proposed to be called in respondent's defense, together with a copy of the contents of any statement, written, recorded, or otherwise preserved, of each such witness.

2. All records, documents, physical evidence or photographs which may be offered as evidence in respondent's defense.

3. Any written reports or statements of experts, if proposed to be offered as evidence in connection with the particular case.

D. No depositions shall be taken in preparation for matters to be heard before the Mississippi State Board of Medical Licensure.

Notes

30 Miss. Code. R. 2645-1.6

Miss. Code Ann. § 73-43-11 (1972, as amended).

Amended 7/7/2017