Discovery

Discovery. (a) Within 20 calendar days after the service of the answer by the first answering respondent, and thereafter as each respondent answers the complaint, the parties shall confer for the purpose of complying with Subsection (b) of this Section. (b) At each conference the parties shall: 1. Exchange copies of all documents then reasonably available to a party which are then intended to be offered as evidence in support of the party's case in chief; 2. Identify, describe, or produce all tangible things, other than documents, then reasonably available to a party which are then intended to be offered as evidence in support of the party's case in chief, and upon request, arrange for the opposing parties to inspect, copy, test, or sample the same under the supervision of the parties; and 3. Exchange written lists of persons each party then intends to call as a material witness in support of that party's case in chief. Each witness shall be identified by name, if known, position, business address, and a brief description of the purpose for which the witness will be called. If no business address is available, the party shall provide a home address for the witness, or shall make the witness available for service of process. For the purpose of this paragraph, a "material witness" is a person whose testimony relates to a genuine issue in dispute which might affect the outcome of the proceeding. (c) In addition to the documents required to be produced by the Executive Director pursuant to subsection (b) of this Section, the Executive Director shall provide to a respondent who requests the same, a copy of any formal statement given to the Executive Director or his agents by that respondent during the Executive Director's investigation of the matters contained in the complaint, in accordance with this subsection. 1. Where the respondent is a corporation, partnership, or other association, the Executive Director shall provide to the requesting respondent, a copy of any formal statement made by officers or directors of the corporation, general partners of the partnership, or managing agents of the association, unless any such statement was given in confidence. 2. If any statement governed by this subsection is embodied or included in a report, summary, or other document which is not otherwise required to be produced by this Regulation, the Executive Director may produce only an excerpt of such report, summary, or document which contains the statement. 3. For the purpose of this subsection, a "formal statement" is a statement given to the Executive Director or his agent by a person knowing he is speaking to a government official or agent, and which is either signed by the person giving the statement or given under oath or affirmation such as in an investigative hearing. The term does not include discussion, conversations, or other statements obtained surreptitiously; or memoranda, notes, or other internal documents made by the Executive Director, an attorney for the Executive Director, or an agent of the Executive Director. (d) In addition to the other materials required to be produced by the Executive Director, the Executive Director shall make arrangements with a respondent who requests the same for the respondent to inspect, copy, test, or sample any other documents or tangible things the Executive Director seized from or which belong to that respondent. Such inspection, copying, testing, or sampling shall be conducted under the supervision of a representative of the Executive Director. (e) The inspection, copying, sampling, or testing of any evidence or other matter pursuant to subsections (b) and (d) of this Section, shall be accomplished without the alteration or destruction of the evidence or evidentiary value of the matter, either in whole or in part, except as otherwise ordered by the hearing examiner upon a finding that extraordinary circumstances exist. Such destruction or alteration shall not be permitted if it would prejudice any party to the action or any other law enforcement or administrative agency. (f) It shall be a continuing obligation of the parties to produce documents, witness lists, and other matters governed by this Section as such become identified by and available to the parties. A party may amend its responses to the requirements of this section by informing the adverse party that documents previously produced or witnesses previously listed, will not be introduced in that party's case in chief. (g) The hearing examiner may order the parties to submit periodic reports regarding the parties' compliance with this Section. (Adopted: 09/25/1991.)