Iowa Admin. Code r. 193-7.18 - [Effective until 8/14/2024] Discovery
(1) The
scope of discovery described in Iowa Rule of Civil Procedure 1.503 shall apply
to contested case proceedings.
(2)
The following discovery procedures available in the Iowa Rules of Civil
Procedure are available to the parties in a contested case proceeding:
depositions upon oral examination or written questions; written
interrogatories; production of documents, electronically stored information,
and things; and requests for admission. Unless lengthened or shortened by the
presiding officer, the time frames for discovery in the specific Iowa Rules of
Civil Procedure govern those specific procedures.
a. Iowa Rules of Civil Procedure 1.701
through 1.717 regarding depositions shall apply to any depositions taken in a
contested case proceeding. Any party taking a deposition in a contested case
shall be responsible for any deposition costs, unless otherwise specified or
allocated in an order. Deposition costs include, but are not limited to,
reimbursement for mileage of the deponent, costs of a certified shorthand
reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.5 09 shall
apply to any interrogatories propounded in a contested case
proceeding.
c. Iowa Rule of Civil
Procedure 1.512 shall apply to any requests for production of documents,
electronically stored information, and things in a contested case
proceeding.
d. Iowa Rule of Civil
Procedure 1.510 shall apply to any requests for admission in a contested case
proceeding. Iowa Rule of Civil Procedure 1.511 regarding the effect of an
admission shall apply in a contested case proceeding.
(3) The mandatory disclosure and discovery
conference requirements in Iowa Rules of Civil Procedure 1.500 and 1.507 do not
apply to a contested case proceeding. However, upon application by a party, the
board may order the parties to comply with these procedures unless doing so
would unreasonably complicate the proceeding or impose an undue hardship. As a
practical matter, the purpose of the disclosure requirements and discovery
conference is served by the board's obligation to supply the information
described in Iowa Code section
17A.13(2)
upon request while a contested case is
pending and the mutual exchange of information required in a prehearing
conference under rule
193-7.22
(17A).
(4) Iowa Rule of Civil
Procedure 1.508 shall apply to discovery of any experts identified by a party
to a contested case proceeding.
(5)
Discovery shall be served on all parties to the contested case proceeding, but
shall not be filed with the board.
(6) A party may file a motion to compel or
other motion related to discovery in accordance with this subrule. Any motion
filed with the board relating to discovery shall allege that the moving party
has previously made a good-faith attempt to resolve with the opposing party the
discovery issues involved. Motions in regard to discovery shall be ruled upon
by the presiding officer. Opposing parties shall be afforded the opportunity to
respond within ten days of the filing of the motion unless the time is
lengthened or shortened by the presiding officer. The presiding officer may
rule on the basis of the written motion and any response or may order argument
on the motion.
(7) Evidence
obtained in discovery may be used in the contested case proceeding if that
evidence would otherwise be admissible in that proceeding.
Notes
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