Ill. Admin. Code tit. 41, § 2123.130 - Discovery
a) Discovery shall
not be the subject of motions presented to the Board or hearing officer, except
when a motion is made alleging failure to comply with this Section, and
requesting relief in the form of dismissal of the case or recommendation to the
Board based on the pleadings without a hearing.
b) Upon written request served on the
opposing party, any party shall be entitled to:
1) The name and address of any witness who
may be called to testify;
2) Copies
of any document which may be offered as evidence; and
3) A description of any other evidence which
may be offered.
c) The
above information will be provided within ten days after service of a
request.
d) Whether or not a
request is made, during discovery a registrant shall be entitled to:
1) Any exculpatory evidence in the Office's
possession. Exculpatory evidence is any evidence which tends to support the
registrant's position or to call into question the credibility of an Office
witness; and
2) Copies of any
investigative report which purports to be a memorandum of interview of the
registrant.
e) The
registrant shall be entitled to the above whether or not the investigator is
called to testify and whether or not the investigator uses reports to refresh
recollection prior to or during testimony.
f) Upon a written request served on the
registrant, at any time after a Complaint is filed, or at any stage of the
hearing, the registrant will be required to produce documents, books, records
or other evidence which relates directly to conduct alleged in the
Complaint.
g) The investigative
file of the Office is not subject to discovery except as stated in subsection
(d) above relating to exculpatory evidence and memoranda of interviews of a
registrant. However, after the direct examination of an Office witness, but
prior to the cross-examination of that witness, the registrant shall be
entitled to all investigative reports relating to that witness. Investigative
reports relating to the witness shall be those which purport to be memoranda of
interviews of the witness or which contain information about the
witness.
h) Nothing in this Section
shall prevent the parties in a contested case from agreeing to a mutual
exchange of information which is more extensive than what is provided for
herein. Where the parties agree to the use of an evidence deposition, such
agreement will be in writing, and will operate as a waiver of any objection not
made during the deposition, except for an objection that the testimony of the
witness is not relevant to the case.
i) This provision will be construed to impose
a continuing obligation upon the parties to exchange new information as it
becomes available.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.