Wis. Admin. Code Waste Facility Siting Board WFSB 2.10 - Depositions and discovery
(1) The examiner on
application of any party may by issuance of a subpoena or other appropriate
order authorize the taking of a deposition of a party or any other person for
discovery or other purposes, in such manner and upon such terms and conditions
as the examiner may prescribe. Such subpoenas or orders may require the
production of documents or physical evidence. Depositions may be taken orally
or in writing, or upon written interrogatories. Depositions may be authorized
only for the purpose of obtaining information or evidence not otherwise readily
available without the taking of a deposition, or which is reasonably calculated
to lead to the discovery of admissible evidence. The taking of a deposition may
be denied if it will result in undue delay of the proceedings. Upon motion of
any party, or at any time the examiner determines, a proponent of procedures
authorized in this section may be required to show good cause that such
procedures are not being used for purposes of delay or are not otherwise
unnecessary or duplicative.
(2)
Depositions may be taken before any person having power to administer oaths.
Examinations shall be conducted as on direct examination, except that adverse
parties or hostile witnesses may be examined as under cross
examination.
(3) Depositions under
this section may be used as evidence if otherwise admissible under the same
circumstances in which they may be admitted in civil actions in courts of
law.
(4) If any part of a
deposition is put in evidence, any party may require the production of the
remainder, or any other portion of the deposition. Depositions under this
section may be used for impeachment purposes.
(5) Copies of all written interrogatories and
cross interrogatories shall be submitted to the examiner. Each interrogatory
shall be fully and completely answered in writing and under oath. Answers,
including objections, if any, shall be submitted to the requesting party, with
a copy to the examiner, within 10 days after service of the interrogatory, or
such other period as the examiner may specify. The requesting party may move
for an order overruling objections which are without merit and compelling an
answer within such period of time as may be designated by the
examiner.
(6) In lieu of or in
addition to procedures under sub. (5), any party may serve upon any other
party, with a copy to the examiner, a demand to admit or deny the genuineness
of relevant documents or the existence or truthfulness of relevant facts. If
the party upon whom demand is made fails or refuses to comply with the demand
or file objections setting forth grounds for such objections within 10 days
after service of the demand, the facts included in the demand shall be taken as
true. Answers or objections shall be under oath. The party making the demand
may move for an order overruling objections which are without merit, and
compelling an admission or denial in accordance with the demand.
(7) Upon failure of the party served to
answer as required under subs. (5) and (6), the examiner may, upon motion of
the requesting party, enter such order as may be fair and just, including:
(a) An order that designated facts and
documents shall be taken to be established in accordance with the claim of the
party serving the demand to admit or deny.
(b) An order refusing to allow the
disobedient party to support or oppose designated claims or defenses, or
prohibiting the party from introducing designated matters in
evidence.
(c) An order striking out
pleadings or parts thereof.
(8) VIDEOTAPE DEPOSITIONS. Depositions
recorded by videotape are governed by ss.
885.40 to
885.47, Stats.
Notes
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