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
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