Tenn. Comp. R. & Regs. 1220-01-02-.11 - DISCOVERY

(1) Any party to a contested case may petition for discovery. In any case where discovery is sought, no discovery shall be undertaken until a discovery schedule is set in accordance with these rules. 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) Any party may at any time prior to the hearing of a case on its merits move for the setting of a discovery schedule, either in a pre-hearing conference or by order of the Authority or a Hearing Officer. Any such motion may be denied if it appears the movant has unreasonably delayed in seeking discovery and if discovery would unreasonably delay disposition of the case on its merits.

(3) Each petition for discovery shall state with reasonable specificity the issues to which discovery may be directed and the manner in which discovery is proposed to be accomplished.

(4) Stipulations extending the time for responding to discovery shall not be effective without the approval of the Authority or Hearing Officer. Any party unable to respond to discovery within the time provided and who cannot obtain the agreement of the parties for an agreed order extending the time for responding may move, in writing, for an extension of the time for responding.

(5)

(a) No party shall serve on any other party more than forty (40) discovery requests including sub - parts without first having obtained leave of the Authority or a Hearing Officer. Any motion seeking permission to serve more than forty (40) discovery requests shall set forth the additional requests. The motion shall be accompanied by a memorandum establishing good cause for the service of additional interrogatories or requests for production. If a party is served with more than forty (40) discovery requests without an order authorizing the same, such party need only respond to the first forty (40) requests.

(b) All responses to interrogatories shall be signed under oath.

(6) The party responding to any form of discovery shall respond or object to each request, serve a copy containing the original signature upon the requesting party, serve copies thereof on all other parties and upon request of the Authority or a Hearing Officer, file a copy with the Authority.

(7) All objections to discovery requests shall be presented in the manner set forth in the Tennessee Rules of Civil Procedure.

(8) If counsel for any party advises the Authority or Hearing Officer in writing that an opposing counsel has refused or delayed a discussion of any discovery problems covered in this subsection, the Authority or Hearing Officer may take such action as appropriate to avoid delay.

(9) Motions to compel discovery shall be accompanied by a copy of the discovery request that shows the question and objection or response and shall state the reasons supporting the motion with reasonable specificity.

(10) Motions for protective orders filed pursuant to Tennessee Rules of Civil Procedure 26.03, motions to quash subpoenas for discovery, or any motion asking that discovery be postponed or restricted shall:

(a) be accompanied by a copy of the discovery request or subpoena;

(b) state with reasonable specificity the factual and legal grounds for the motion; and

(c) be accompanied by an affidavit or other evidence showing the need for the order.

(11) Whenever a request for discovery is made, the party seeking discovery shall serve each party with a copy of the request. Such service shall be made even though the discovery sought may be directed to fewer than all parties.

(12) The Authority may adopt, and from time to time modify, a model protective order, the use of which shall not be mandatory, but which shall provide guidance as to appropriate provisions of such orders.

Notes

Tenn. Comp. R. & Regs. 1220-01-02-.11

Original rule filed June 30, 2000; effective September 13, 2000.

Authority: T.C.A. §§ 4-5-311 and 65-2-102.