Tenn. Comp. R. & Regs. 0800-02-13-.15 - DISCOVERY

(1) Parties are encouraged where practicable to attempt to achieve any necessary discovery informally, in order to avoid undue expense and delay in the resolution of the matter at hand. When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, discovery shall be sought and effectuated in accordance with the Tennessee Rules of Civil Procedure.

(2) Upon motion of party or upon the administrative judge's own motion, the administrative judge may order that the discovery be completed by a certain date.

(3) Any motion to compel discovery, motion to quash, motion for protective order, or other discovery-related motion shall:

(a) Quote verbatim the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the interrogatory, request, subpoena, or excerpt of a disposition which shows the question and objection or response if applicable;

(b) State the reason or reasons supporting the motion; and

(c) Be accompanied by a statement certifying that the moving party or his or her counsel has made a good faith effort to resolve by agreement the issues raised and that agreement has not been achieved. Such effort shall be set forth with particularity in the statement.

(4) The administrative judge shall decide any motion relating to discovery under the Administrative Procedures Act, T.C.A. § 4-5-101 et seq., or the Tennessee Rules of Civil Procedure. The procedures for the consideration of motion are set forth at Rule 0800-02-13-.13.

(5) Other than as provided in subsection (3) above, discovery materials need not be filed with the Administrative Hearing Clerk.

Notes

Tenn. Comp. R. & Regs. 0800-02-13-.15

Original rule filed October 13, 2004; effective February 28, 2005. Amendment filed March 25, 2013; effective June 23, 2013. Repeal filed December 22, 2014; effective March 22, 2015. Amendments filed March 29, 2017; effective 6/27/2017.

Authority: T.C.A. §§ 4-5-219, 4-5-311, 4-5-317, 50-6-102, 50-6-118, 50-6-125, 50-6-128, 50-6-205, 50-6-233, 50-6-237, 50-6-244, 50-6-411, 50-6-412, 50-6-801, and Public Chapter 962 (2004).