D.C. Mun. Regs. tit. 27 § 112

Current through Register Vol. 71, No. 19, May 10, 2024

Rule 27-112 - DISCOVERY

112.1

The Board encourages all parties to engage in voluntary discovery. Discovery documents shall not be filed with the Board unless the Board, on its own initiative or by granting the motion of a party, orders that they be filed.

112.2

After an appeal has been docketed, a party may obtain discovery regarding a matter which is not privileged and is relevant to the case. It shall not be a ground for objection to a discovery request that the information will be inadmissible in the record of the case, if the information appears reasonably calculated to lead to the discovery of admissible evidence.

112.3

A party to a protest or a small claims (expedited) appeal may engage in discovery only to the extent it is acceptable to and ordered by the Board. The Board shall not permit discovery unless it is necessary to advance a fair and expeditious resolution.

112.4

A party may obtain discovery by one or more of the following methods:

(a) Depositions upon oral examination or written questions, but said deposition testimony may only be used at the hearing of an appeal if the witness is unavailable, or to contradict or impeach the testimony of the deponent given at the hearing;

(b) Written interrogatories;

(c) Requests for production of documents or other tangible things; and

(d) Requests for admissions.

112.5

Written interrogatories and requests for admission shall be answered separately in writing, signed under oath by the person making the answers, within thirty (30) days after service. Requests for production of documents or other tangible things shall be answered within 30 days after service. Unless otherwise ordered by the Board, any objection to a discovery request must be filed within fifteen (15) days after service. A party shall fully respond to any discovery request to which it does not file a timely objection. The parties are required to make a good faith effort to resolve objections to discovery requests.

112.6

The use of the discovery methods set forth in Subsection 122.4 shall be limited by the Board if it determines that:

(a) The discovery is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive; and

(b) The discovery is unduly burdensome and expensive, taking into account the needs of the case, amount involved in the controversy, limitations on the parties' resources, and importance of the issues at stake in the case.

112.7

The parties are encouraged to utilize electronic transmission to the maximum extent practicable. When discovery material is transmitted electronically, the attorney or other person transmitting the material shall be deemed to have certified that the documents contained in the transmission are what they purport to be.

D.C. Mun. Regs. Tit. 27, § 112

Final Rulemaking published at 49 DCR 2078 (March 8, 2002); amended by Final Rulemaking published at 67 DCR 1734 (4/6/2020)