Chapter 124-13 Discovery

124-13-01 Exchange of documents and witness lists.

(A) On written request of the opposing party, a party shall, at least twenty-eight calendar days prior to the first scheduled record hearing, provide to the requesting party and the board a list of the documents intended to be introduced at the hearing and a list of witnesses. Such requests must be served upon the opposing party at least forty-two calendar days prior to the first scheduled record hearing.

(B) In addition to the requirements contained within paragraph (A) of this rule, if a party deems it necessary to call more than five witnesses to testify at hearing, the party shall file with the board at least seven calendar days prior to the first scheduled record hearing date a list of witnesses to be called and a short summary of the expected testimony of each of those witnesses. If a party fails, without good cause, to comply with this requirement, the board may exclude the testimony of witnesses whose names would have appeared on the witness list referenced in this paragraph.

(C) Upon receipt of a written request, and at least twenty-eight calendar days prior to the first scheduled record hearing, a party shall permit the opposing party to view and copy, at the opposing party's expense, any documents intended to be introduced at a hearing.

(D) If a party fails, without good cause, to comply with paragraphs (A) and (C) of this rule, such testimony or documents may, upon motion of the adversely affected party, be excluded from a hearing before the board. Failure to serve requests for documents and a list of witnesses or for the examination of documents at least forty-two calendar days before the first scheduled record hearing waives all right to move to exclude such evidence.

(E) The time limits set forth in this rule may be modified at the discretion of the administrative law judge or the board.

(F) The board may continue hearings to permit discovery under this rule.

(G) Discovery, as it pertains to the exchange of documents and witness lists, may be supplemented as set forth in the applicable Ohio Rules of Civil Procedure.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.40 , 124.56
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93

124-13-02 Depositions and interrogatories.

(A) The board may order depositions or interrogatories upon motion of any party.

(1) A motion to take depositions or interrogatories shall be filed with the board at least twenty-eight calendar days prior to a record hearing. The board may order interrogatories as an alternative to taking depositions.

(2) The cost of such deposition shall be borne by the party requesting the deposition.

(3) If a deposition is to be submitted into evidence as a testimonial deposition, the deposition must be recorded as video and submitted in an appropriate format for viewing. As an alternative , the party requesting the deposition can request the assigned administrative law judge to be present at the deposition.

(B) The board may, on its motion, order depositions taken at a time and place of its choosing. Such depositions shall be recorded as video and submitted in an appropriate format for viewing and may be used in the resolution of an appeal.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.34
Prior Effective Dates: 7/1/79, 3/1/93, 3/28/98, 4/6/09

124-13-03 Requests to make definite and certain.

(A) Upon written request of the opposing party, a party shall make definite and certain any factual allegations contained in a "section 124.34 order," or any assertion of removal, reduction, or suspension when no "section 124.34 order" has been filed with this board.

(B) Requests to make definite and certain shall specify, with particularity, what information is sought.

(C) A party shall serve a written response to the request to make definite and certain at least twenty-eight calendar days prior to the first scheduled record hearing. Such requests must be served upon the opposing party at least forty-two calendar days prior to the first scheduled record hearing. Failure to serve a written request to make definite and certain at least forty-two calendar days prior to the first scheduled record hearing waives all right to move to exclude evidence under this rule.

(D) If a party fails, without good cause, to respond to an opposing party's request to make definite and certain as provided in paragraphs (A), (B), and (C) of this rule, this board may, upon motion of the opposing party, compel such response.

(E) Upon proper motion, the board shall determine the adequacy of a party's response to a request to make definite and certain. If a party fails to respond adequately to a request to make definite and certain, the opposing party may move to exclude all evidence which is the subject of the request.

(F) The board may extend the time to respond to a written request to make definite and certain, continuing the case if necessary.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.34
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93

124-13-04 Work product.

A representative's work product is not discoverable.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.40 , 124.56
Prior Effective Dates: 7/1/79

124-13-05 Prehearings, status conferences, and mediations.

(A) At any time prior to a record hearing, the board may, on its own motion or upon motion of any party, direct the parties or their representatives to participate in a prehearing, status conference, or mediation.

(B) Prehearings, status conferences, and mediations may be held for the following purposes:

(1) To simplify or clarify issues;

(2) To obtain stipulations and admissions;

(3) To exchange documents and witness lists;

(4) To discuss matters intended to expedite the proceedings.

(5) To enter into settlements or settlement discussions.

(C) Final board orders, procedural orders, and reports and recommendations may be issued based upon information obtained at a prehearing or status conference.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.40 , 124.56
Prior Effective Dates: 7/1/79, 3/1/93