454 Neb. Admin. Code, ch. 7, § 011 - DISCOVERY IN CONTESTED CASES

011.01. The Hearing Officer or a designee, at the request of any party or upon the Hearing Officer's own motion, may issue subpoenas, discovery orders, and protective orders utilizing the Nebraska Supreme Court rules except as may otherwise be prescribed by law. To the extent authorized by law, subpoenas and orders issued under this subsection may be enforced by the district court.

011.02. Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall:

011.02(A). Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena or excerpt of a deposition;

011.02(B). State the reasons supporting the motion;

011.02(C). Be accompanied by a statement setting forth the steps or efforts made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement has not been achieved; and

011.02(D). Be filed with the Department. The moving party must serve copies of all such motions to all parties to the contested case.

011.03. Other than is provided in subsection 011.02 above, discovery materials need not be filed with the Department.

Notes

454 Neb. Admin. Code, ch. 7, § 011

Amended effective 8/19/2023