Section 1360-04-01-.11 - DISCOVERY(1) Parties are encouraged, when 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 when 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 a party or pursuant to a scheduling order, the administrative judge may order that 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 deposition that 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 the party's 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 such a motion are set forth at Rule 1360-04-01-.09.Tenn. Comp. R. & Regs. 1360-04-01-.11
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219, 4-5-311, and 4-5-321.