Section 1340-02-02-.13 - DISCOVERY(1) Parties are encouraged to conduct discovery informally, in order to avoid undue expense and delay in the resolution of the contested case proceeding. When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, discovery may be guided by reference to Rule 26.01 of the Tennessee Rules of Civil Procedure.(2) Discovery shall be completed at least ten (10) days prior to a hearing on the merits. Upon motion of a party or the administrative judge, the administrative judge may order that the discovery be completed by a date certain.(3) Any motion to compel discovery, motion to quash, motion for protective order, motion to enlarge the permitted number of interrogatories, 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 deposition which shows the question and objection or response, if applicable;(b) state the reason or reasons supporting the motion, including a memorandum applying law to facts; and(c) be accompanied by a statement certifying that the movant 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) Other than as provided in subsection (3) above, discovery materials need not be filed with the Legal Division, but must be served on opposing counsel.(5) Depositions. There shall be at least ten (10) working days notice given before the taking of a deposition, unless otherwise agreed by the parties. If a motion for a protective order is filed before the deposition takes place, then the deposition is stayed automatically until the motion is stricken or an order on the motion becomes final. An order by an administrative judge allowing a deposition to go forward may be appealed in the manner prescribed by Rule 1340-2-2-.10(2) within ten (10) days of the entry of the order.(6) Interrogatories. No party shall serve on any other party more than thirty (30) single question interrogatories, including subparts, without leave of the administrative judge. The answering party shall verify the answers immediately following the answer to the last interrogatory.Tenn. Comp. R. & Regs. 1340-02-02-.13
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-311, 40-33-201, et seq., as amended, and 53-11-201, et seq.