49 Neb. Admin. Code, ch. 2, § 010 - DISCOVERY IN APPLICATION CASES

Current through December 27, 2021

010.01 Except as provided in Section 010.03 of this Rule, at least ten days prior to the date of the hearing or at the time of the pre-hearing conference, whichever is earlier, all parties to the proceeding, including applicant, proponents, and protestants, shall file with the Director or hearing officer a list of all witnesses who will appear to testify at the hearing. This list shall include all relevant information on witnesses' background, along with the witnesses' qualifications to testify. Each party shall serve such a list on the Department and on each other party to the proceeding or its attorneys.
010.02 Except as provided in Section 010.03 of this Rule, at least ten days prior to the date of the hearing or at the time of the pre-hearing conference, whichever is earlier, each party to the proceeding shall file with the Director or hearing officer a copy of each exhibit to be introduced at the hearing. A copy of each exhibit shall also, at least ten days prior to the date of the hearing, be served on each other party to the proceeding, or its attorneys. The foundation for each exhibit must accompany the exhibit in compliance with Section 011.02C of this Rule. Rebuttal exhibits are limited to those solely in rebuttal to testimony or exhibits introduced at the hearing which were not required to be submitted or produced until offered.
010.03 The Director may accept the late filing of materials enumerated under this Section for good cause shown. For purposes of this Section, good cause shall have the same meaning as is set forth in Section 006.03A of this Rule.
010.04 If a continuance of the hearing is granted under Section 006.03 of this Rule, the time schedule for submitting material under this Section shall be set by the hearing officer.
010.05 When a filing or submission date falls on a weekend or legal holiday, the date for such filing or submission shall be the next business day.
010.06 A document submitted by facsimile transmission shall not be sufficient to satisfy the requirements of this Section, unless previously authorized by the hearing officer.
010.07 The hearing officer or a designee, at the request of any party, or the Department, or upon the hearing officer's own motion, may issue subpoenas, discovery orders, and protective orders in accordance with the Nebraska Rules of Civil Procedure except as may otherwise be prescribed by law. Subpoenas and orders issued under this Subsection may be enforced by the District Court of Lancaster County, Nebraska.
010.08 Any prehearing motion to compel discovery, motion to quash, motion for protective order or other discovery-related motion shall:
010.08A 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;
010.08B State the reasons supporting the motion;
010.08C 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
010.08D Be filed with the Department. The moving party must serve copies of all such motions to all parties to the application case.
010.09 Other than is provided in Section 010.08D of this Rule, discovery materials need not be filed with the Department.

Notes

49 Neb. Admin. Code, ch. 2, § 010

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