3746-6-03 Interrogatories.

(A) Subject to the scope of discovery set forth in rule 3746-6-01 of the Administrative Code, and such discovery deadlines as the commission may order, any party may serve upon any other partyup to forty written interrogatories, to be answered by the party served. A party serving interrogatories shall provide the party served with both a printed and an electronic copy of the interrogatories. The electronic copy shall be useable for word processing and provided on a computer disk, by electronic email, or by means agreed to by the parties. A party who is unable to provide an electronic copy of the interrogatories may seek leave of the commission to be relieved of this requirement. A party shall not propound more than forty interrogatories to any other party without leave of the commission. Upon motion, and for good cause shown, the commission may extend the number of interrogatories that a party may serve upon another party. For purposes of this rule, any subpart propounded under an interrogatory shall be considered a seperate interrogatory. If the party served is a corporation, partnership, association, government agency, or political subdivision, it shall designate one or more of its officers, agents, or employees to answer the interrogatories, who shall furnish such information as is known or is available to the party. Each interrogatory shall be answered separately and fully, in writing and under oath, unless it is objected to, in which case the reason for the objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections shall be signed by the attorney or other person making them. The party upon whom the interrogatories have been served shall serve a copy of the answers or objections upon the party submitting the interrogatories within twenty-eight days after the service thereof, or within such shorter or longer time as the commission may order. The party submitting the interrogatories may move for an order under rule 3746-6-08 of the Administrative Code with respect to any objection or other failure to answer an interrogatory.

(B) Subject to the scope of discovery set forth in rule 3746-6-01 of the Administrative Code, interrogatories may elicit facts, data, or other information known or readily available to the party upon whom the interrogatories are served.

(C) Where the answer to an interrogatory may be derived or ascertained from public documents on file in this state, from documents previously furnished to the party submitting the interrogatory, or from the business records, including electronically stored information, of the party upon whom the interrogatory has been served, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and, if the documents have not already been produced, afford the party submitting the interrogatory a reasonable opportunity to examine, audit, or inspect such records.

Effective: 08/15/2011
R.C. 119.032 review dates: 05/24/2011 and 05/24/2016
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.07
Prior Effective Dates: 4/28/00