Wis. Admin. Code Department of Workforce Development DWD 220.18 - Pre-hearing discovery
(1) WHEN DISCOVERY MAY BEGIN. Discovery may
not be used prior to the time that a matter is certified to hearing, except
that the taking and preservation of evidence shall be permitted prior to
certification to hearing under the circumstances set forth in s.
227.45(7),
Stats.
(2) DISCOVERY DIRECTED TO A
PARTY NOT REPRESENTED BY LEGAL COUNSEL. In the case of discovery directed to a
party who is not represented by legal counsel, the party seeking that discovery
shall, not less than 10 days prior to conducting such discovery, state in
writing that it intends to seek discovery. The party seeking discovery shall
send this notice to the party who is not represented by legal counsel and to
either the chief of the hearing section or the administrative law judge, if one
has been assigned to the case. All copies of demands for discovery and notices
of depositions shall be filed with the department at the time they are served
upon the party from whom the discovery is sought. Copies of responses to
discovery by an unrepresented party and the original transcript of any
deposition of an unrepresented party shall be filed with the department by the
party which instituted those discovery requests as soon as practicable after
the discovery has been taken.
(3)
SCOPE, METHOD AND USE OF DISCOVERY. The scope of discovery, the methods of
discovery and the use of discovery at hearing shall be the same as set forth in
ch. 804, Stats.
(4) FAILURE TO
COMPLY WITH DISCOVERY REQUESTS; DUTY TO CONSULT WITH OPPOSING PARTY. The
administrative law judge may compel discovery, issue protective orders, and
impose sanctions in the manner provided under ch. 804, Stats. All motions to
compel discovery or motions for protective orders shall be accompanied by a
statement in writing by the party making the motion that, after consultation in
person or by telephone with the opposing party and sincere attempts to resolve
their differences, the parties are unable to reach agreement. The statement
shall state the date and place of such consultation and the names of all
parties participating in the consultation.
(5) FILING WITH DEPARTMENT. Copies of
discovery requests and responses to discovery requests need not be filed with
the division, except as required under sub. (2).
Notes
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