Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 12. Pre-hearing Discovery.
A. General Scope. To expedite the hearing and maintain fairness, discovery should be as full and free as possible. The judge and special counsel shall be entitled to discovery in accordance with the Rules of Civil Procedure except as noted in this rule. Exceptions to discovery are: (1) Commission deliberations, (2) confidential staff memoranda that do not relate to the charges, (3) attorney communications by staff with the chairperson that relate to procedural motions or where the Commission is a party. In addition, the Executive Director may not be compelled to testify as to conversations with the chairperson or other individual Commission members concerning nondispositive motions. The judge shall bear the costs of duplication and transcription of all discovery items that require extraordinary staff resources.
B. Discovery Before Probable Cause. The Commission shall provide witness names, factual allegations, and legal issues to the Judge at the conclusion of the formal investigation if the information does not warrant dismissal. Additional informal discovery may be allowed prior to the probable cause hearing at the Commission's discretion. Formal discovery tools such as depositions and interrogatories shall only be allowed upon a showing of extraordinary need.
C. Discovery After Probable Cause. Discovery requests shall be handled by the presiding chairperson. All formal discovery tools shall be available. With the approval of the Commission, depositions may be presided over by the Commission chairperson or the chairperson's designee (including a Special Master). Interrogatories directed to the Commission seeking factual information relating to the charges shall be allowed.
(Adopted November 1, 1991)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
