Ohio Admin. Code 4906-2-22 - Motions to compel discovery
(A)
Any party, upon
reasonable notice to all other parties and any persons affected thereby, may
move for an order compelling discovery, with respect to:
(1)
Any failure of a
party to answer an interrogatory served under rule
4906-2-17
of the Administrative Code.
(2)
Any failure of a
party to produce a document or tangible thing or permit entry upon land or
other property as requested under rule
4906-2-19
of the Administrative Code.
(3)
Any failure of a
deponent to appear or to answer a question propounded under rule
4906-2-18 of the
Administrative Code.
(B)
For purposes of
this rule, an evasive or incomplete answer shall be treated as a failure to
answer.
(C)
No motion to compel discovery shall be filed under
this rule until the party seeking discovery has exhausted all other reasonable
means of resolving any differences with the party or person from whom discovery
is sought. A motion to compel discovery shall be accompanied by:
(1)
A memorandum in
support, setting forth:
(a)
The specific basis of the motion, and citations of any
authorities relied upon.
(b)
A brief explanation of how the information sought is
relevant to the pending proceeding.
(c)
Responses to any
objections raised by the party or person from whom discovery is
sought.
(2)
Copies of any specific discovery requests which are
the subject of the motion to compel, and copies of any responses or objections
thereto.
(3)
An affidavit of counsel, or of the party seeking to
compel discovery if such party is not represented by counsel, setting forth the
efforts which have been made to resolve any differences with the party or
person from whom discovery is sought.
(D)
The board or the
administrative law judge may grant or deny the motion in whole or in part. If
the motion is denied in whole or in part, the board or the administrative law
judge may issue such protective order as would be appropriate under rule
4906-2-21
of the Administrative Code.
(E)
Any order of the
administrative law judge granting a motion to compel discovery in whole or in
part may be appealed to the board in accordance with rule
4906-2-29
of the Administrative Code. If no application for review is filed within the
time limit set forth in that rule, the order of the administrative law judge
becomes the order of the board.
(F)
If any party or
person disobeys an order of the board compelling discovery, the board
may:
(1)
Seek
appropriate judicial relief against the disobedient person or party under
section 4903.04 of the Revised
Code.
(2)
Prohibit the disobedient party from further
participation in the pending proceeding.
(3)
Prohibit the
disobedient party from supporting or opposing designated claims or defenses, or
from introducing evidence or conducting cross-examination on designated
matters.
(4)
Dismiss the pending proceeding if such proceeding was
initiated by an application or petition, unless such a dismissal would unjustly
prejudice any other party.
(5)
Take such other
action as the board considers appropriate.
Replaces: part of 4906-7-07
Notes
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4903.06, 4903.082, 4906.03, 4906.12
Prior Effective Dates: 12/27/1976, 07/07/1980, 06/10/1989, 08/28/1998, 12/15/2003, 01/25/2009, 12/11/2015
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4903.06, 4903.082, 4906.03, 4906.12
Prior Effective Dates: 12/27/76, 7/7/80, 6/10/89, 8/28/98, 12/15/03, 1/25/09
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