Iowa Admin. Code r. 701-2.37

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 701-2.37 - Discovery

(1)Discovery procedure. Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure.

(2)Discovery motions. Any motion relating to discovery shall allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party. 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 shortened as provided in subrule 2.37(1). The presiding officer may rule on the basis of the written motion and any response, or may order written or oral arguments on the motion.

(3)Admissibility of evidence. Evidence obtained in discovery may be used in the contested case proceeding if that evidence would otherwise be admissible in that proceeding.

Iowa Admin. Code r. 701-2.37