1 CSR 50-2.050 - Prehearing Discovery
PURPOSE: This rule describes the procedures and scope of prehearing discovery.
(1)
The commission shall follow the procedural rules as set out in these rules as
well as the Missouri Rules of Civil Procedure and Chapters 105 and 536,
RSMo.
(2) Any party to a hearing
may take and use depositions in the same manner, upon the same notice as is or
may be hereafter provided in section
536.073,
RSMo and the Missouri Rules of Civil Procedure. No part of a deposition shall
constitute a part of the record in a proceeding, unless received as evidence by
the commission. Objection may be made at the hearing in the proceeding to
receiving in evidence any deposition or part of the deposition for any reason
which would require the exclusion of the evidence if the witnesses were then
present and testifying.
(3) The
original of all depositions shall be filed with the commission with a copy
being served on each party.
(4)
Discovery subpoenas and subpoenas duce stecum shall be issued
in the same manner and under the same conditions as stated in
1 CSR
50-2.060. The commission shall have the authority to
impose sanctions for failure to comply with reasonable discovery requests in
the same manner as set forth in the Missouri Rules of Civil Procedure, except
that the commission shall not have the authority to issue an order treating as
a contempt of court the failure to obey any subpoena to comply with any
discovery.
(5) The commission shall
have the authority to impose sanctions for failure to comply with reasonable
discovery requests in the same manner as set forth in the Missouri Rules of
Civil Procedure, except that the commission shall not have the authority to
issue an order treating as a contempt of court the failure to obey any subpoena
to comply with any discovery.
Notes
*Original authority 1991, amended 1994, 1995, 1996.
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