Depositions (Rule 224)

Depositions may be taken in accordance with Section 61-605, Idaho Code, and the Idaho Rules of Civil Procedure for any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission, order or notice. Depositions may be taken of expert witnesses notwithstanding contrary provisions of the Idaho Rules of Civil Procedure. Depositions rather than production requests or written interrogatories should be used to obtain statements of opinion or policy not previously written or published. Unless otherwise provided by order or notice or agreed to by the deponent or the deponent’s attorney, notice of deposition must be given at least fourteen (14) days before deposition is taken. (3-31-22) 225. PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND REQUESTS FOR ADMISSION (RULE 225). 01. When Requests May Be Used. Production requests or written interrogatories and requests for admission may be taken in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission, order or notice, except: (3-31-22) a. Production requests or written interrogatories should not be used to obtain statements of opinion or policy not previously written or published and may be objected to on that ground; and (3-31-22) b. Requests for admission concerning a matter of opinion or policy or the application of law, order or rule to fact may be denied generally and the reasons for denial required to be discovered by deposition rather than by request for admission, but a request for admission on any matter of opinion or policy or application of law to fact on an uncontested matter must be answered. (3-31-22) IDAHO ADMINISTRATIVE CODE IDAPA 31.01.01 Public Utilities Commission Rules of Procedure of the Idaho PUC Section 226 Page 35 02. Form of Requests. The caption of a production request or written interrogatory and of a request for admission must identify the party making the request or interrogatory, the party to whom the request or interrogatory is directed, and the number of the request or interrogatory to that party. Separate questions within a production request or written interrogatory or within a request for admission must be numbered consecutively within the request or interrogatory and consecutively with earlier production requests or written interrogatories and requests for admission, respectively, from the same party submitting the questions to the same party answering them. For example, if the last question of the Third Production Request of the Commission Staff to XYZ Electric Company is numbered 33, the first question of the Fourth Production Request of the Commission Staff to XYZ Electric Company must be numbered 34. But, if the Staff’s next production request is its first to intervenor ABC Company, that request must begin with question one (1) to that intervenor. (3-31-22) 03. Time for Objection and Answer. Unless otherwise provided by order, notice, or these rules, or by agreement with or acquiescence of the answering party, parties have fourteen (14) days to object or explain why a question cannot be answered and twenty-one (21) days to answer. (3-31-22) 04. Numbers of Requests. The number of production requests, interrogatories and requests for admission are not limited by the provisions of the Idaho Rules of Civil Procedure but may be limited by Commission order. (3-31-22)