Tenn. Comp. R. & Regs. 0180-06-.19 - REFUSAL TO MAKE DISCOVERY; CONSEQUENCES

(1) Refusal to Answer. If a party or other Deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the Commissioner who may apply to the circuit or chancery court of the county of such person's residence in conformity with T.C.A. § 4-5-110(b) for an order to compel the giving of the testimony.

(2) Failure to Comply with Order. If a party or other witness refuses to be sworn, disobeys a lawful Departmental subpoena or discovery order or refuses to testify in any manner regarding a lawful Departmental interrogation, the Commissioner may apply to the circuit or chancery court of the county of such person's residence as specified in T.C.A. § 4-5-110(b) for an order to compel compliance. If the disobedience is found to be unlawful, the court shall enter an order requiring compliance. Disobedience with such an order may be punished as contempt of court as is provided in judicial proceedings.

Notes

Tenn. Comp. R. & Regs. 0180-06-.19

Original rule filed November 25, 1975; effective December 27, 1975. Amendment filed February 17, 1984; effective May 15, 1984.

Authority: T.C.A. § 4-5-110(b).