445 R.I. Code R. § 445-RICR-00-00-1.27 - Deposition and Data Requests

Current through December, 23, 2021

A. Depositions
1. For good cause shown, the testimony of any witness may be taken by deposition, upon application by motion of any party in a proceeding pending before the Board, at any time before the hearing is closed.
2. The motion shall state the name and address of the proposed deponent, the subject matter to which the deponent is expected to testify, the reasons why the deponent cannot appear before the Board to testify in person, and the date, time and place of the proposed deposition. objection to the motion, if any, shall be made in accordance with § 1.17(C) of this Part.
3. If authorized, the deposition shall proceed in the same manner and pursuant to the same procedures as govern depositions in the Superior Court of the State of Rhode Island.
B. Data Requests
1. In any proceeding pending before the Board, the Board and any party may request such data, studies, workpapers, reports, and information as are reasonable, relevant to the proceeding and are permitted by these rules and/or statute.
2. Data requests shall be in writing, shall be directed to the party or its attorney, and shall specify in as much detail as possible the material requested. Any requested material or portion thereof to which objection is not made as set forth below shall be produced for the requesting party as soon as practicable and in no event later than fifteen (15) days after service of the request, unless the time for production is otherwise shortened or extended by agreement or order.
3. Objection to a data request in whole or in part on the ground that the request is unreasonable and/or the material is not relevant or not permitted or required by law shall be made by motion filed as soon as practicable and in no event later than five (5) days after service of the request. The motion shall include the portions of the data request objected to and shall set forth in detail the basis for the objection. Objections to such motion shall be filed in compliance with § 1.17(C) of this Part. The Board shall thereupon determine by order the validity of the request and shall establish a date for compliance. The relevancy of such a request shall be determined under the standards established for such determinations under Rule 26 of the Superior Court Rules of Civil Procedure.
4. The failure of a party to comply with a data request or a Board order related thereto may, at the discretion of the Board, be grounds for striking any testimony offered by the nonresponding party related to such request.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.27
Amended effective November 28, 2018

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