Discovery

(1) Any party to a contested case proceeding may petition for discovery. In any case where discovery is sought, no discovery shall be undertaken until a discovery schedule is set in accordance with these rules. Parties are encouraged, where practicable, to attempt to informally obtain any necessary discovery and avoid undue expense and delay in resolving the matter. When such attempts have failed or the complexity of the case is such that informal discovery is not practicable, discovery shall be sought, effectuated, and enforced under the Tennessee Rules of Civil Procedure. (2) The party seeking discovery shall serve a copy of the discovery request on all parties to the proceeding and file it with the Commission. Such service shall be made even when the discovery sought may be directed to only specific parties. All discovery requests shall contain a certificate of service. (3) The party upon whom a discovery request has been served shall respond to each request in the following manner: (a) The full text of the request shall precede each response; CONTESTED CASES CHAPTER 1220-01-02 (b) Any objection to a request shall specifically state the grounds and reasons for the objection. A party should refrain from making vague, generalized, or “boilerplate” objections; (c) An objection must state whether any responsive materials are being withheld based on that objection; (d) Each set of discovery responses shall be accompanied by a notarized verification signed by a corporate officer or individual who will be responsible for the veracity of the submitted discovery responses; and, (e) Copies of the response shall be served on all parties to the proceeding and filed with the Commission. All responses shall contain a certificate of service. (4) Insofar as a discovery response contains a spreadsheet with hard-coded numbers, suppressed formulas, or linkages to files that have not been produced in discovery, the Hearing Officer and the producing party shall be immediately notified. To the fullest extent possible, the producing party shall promptly update its response to include a compliant spreadsheet. (5) Each party producing a discovery request or response shall file copies of such discovery with the Commission within three days of service. (6) Any party unable to respond to discovery within the time provided and who cannot obtain agreement of the parties for an agreed order extending the time for responding may file a motion for an extension of the time for responding with the Docket Manager. No change to the procedural schedule related to discovery is effective without approval of the Commission or Hearing Officer. (7) Before seeking to compel compliance by motion to the Commission, each party and the party’s attorney shall meet and confer in good faith to reach an agreement on the discovery matters in conflict. Motions to compel discovery shall: (a) Be accompanied by a copy of the discovery request that shows the question and the response or objection, as appropriate; (b) State the reasons supporting the motion with reasonable specificity; and, (c) Include a statement affirming that the attorney making the motion has made a reasonable effort to reach an agreement with opposing attorneys on the matters set forth in the motion. (8) Motions for protective orders filed under Tennessee Rules of Civil Procedure 26.03, motions to quash subpoenas for discovery, or any motion asking that discovery be postponed or restricted shall: (a) Be accompanied by a copy of the discovery request or subpoena; (b) State with reasonable specificity the factual and legal grounds for the motion; and (c) Include an affidavit or other evidence showing the need for the order.