Prehearing Discovery

PURPOSE: This rule describes the procedures and scope of prehearing discovery. (1) The commission shall follow the procedural rules as set out in these rules as well as the Missouri Rules of Civil Procedure and Chapters 105 and 536, RSMo. (2) Any party to a hearing may take and use depositions in the same manner, upon the same notice as is or may be hereafter provided in section 536.073, RSMo and the Missouri Rules of Civil Procedure. No part of a deposition shall constitute a part of the record in a proceeding, unless received as evidence by the commission. Objection may be made at the hearing in the proceeding to receiving in evidence any deposition or part of the deposition for any reason which would require the exclusion of the evidence if the witnesses were then present and testifying. (3) The original of all depositions shall be filed with the commission with a copy being served on each party. (4) Discovery subpoenas and subpoenas duces tecum shall be issued in the same manner and under the same conditions as stated in 1 CSR 50-2.060. The commission shall have the authority to impose sanctions for failure to comply with reasonable discovery requests in the same manner as set forth in the Missouri Rules of Civil Procedure, except that the commission shall not have the authority to issue an order treating as a contempt of court the failure to obey any subpoena to comply with any discovery. (5) The commission shall have the authority to impose sanctions for failure to comply with reasonable discovery requests in the same manner as set forth in the Missouri Rules of Civil Procedure, except that the commission shall not have the authority to issue an order treating as a contempt of court the failure to obey any subpoena to comply with any discovery. AUTHORITY: section 105.955.14(7), RSMo (Cum. Supp. 1996).* Origi nal rule filed March 24, 1997, effective Sept. 30, 1997. *Original authority 1991, amended 1994, 1995, 1996.