La. Admin. Code tit. 52 § I-1101

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1101 - Discovery

A. Any public servant or other person who has been notified that he is to be the subject of a public hearing pursuant to the provisions of R.S. 42:1141.4 et seq. and the trial attorney and general counsel for the board shall be entitled to conduct discovery regarding any matter, not privileged, which is relevant to the pending public hearing. It is not grounds for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

B. Upon the filing of charges for violations of any law under the jurisdiction of the board, the respondent and the board, through its trial attorney(s) or general counsel, shall be granted the right of discovery in the following manner.

1. Depositions shall be allowed until within two weeks of trial.

2. All documents intended for admission at trial, motion or hearing shall be copied and delivered to the respondent and to the trial attorney(s). The delivery shall be provided within 15 days of receipt of a request for production of said documents. Additions shall be allowed upon a showing of good cause, lack of bad faith or joint consent.

3. All other documents within the possession of the trial attorney or the respondent or his counsel, except documents that reveal the identity of the complainant or are otherwise privileged, shall be made available for inspection or may be copied within 15 days of receipt of a request for production of said documents.

4. Any exculpatory or mitigating documents, that are not otherwise privileged, shall be delivered to the trial attorney or the respondent or his counsel within 15 days of receipt of a request for production of documents for said documents.

5. An expected witness list shall be produced to the opposing party at least 30 days subsequent to a request for such information. Additions shall be allowed upon a showing of good cause, lack of bad faith or joint consent.

6. All written statements of any witnesses intended to be called at a hearing or trial shall be delivered within 15 days of receipt of a request for production of said documents.

7. No work product of attorneys and no investigation reports shall be delivered to the respondent or his attorney.

8. The trial attorney(s) and any respondent or his attorney may serve upon each other written interrogatories or requests for admissions, pursuant to the provisions of applicable Code of Civil Procedure articles, to be answered by the party served within 15 days of receipt. Written interrogatories served in accordance with this provision shall not exceed 35 in number, including subparts.

C. The trial attorney and any respondent may take depositions on oral examination, and pursuant to the provisions of applicable Code of Civil Procedure articles, to the extent practicable, of those persons whose names and addresses have been furnished to the respondent pursuant to the provisions of §1101. A 2, and provided further that the taking of said depositions does not unreasonably impede the scheduled hearing. Such depositions shall be admissible in the public hearing, as ordered by the board or any panel thereof or as otherwise provided by law.

D. The trial attorney and any respondent may serve upon each other written interrogatories, pursuant to the provisions of applicable Code of Civil Procedure articles, to be answered by the party served within 15 days of receipt. With respect to any public hearing, written interrogatories served in accordance with this provision shall not exceed 35 in number, including Subparts.

La. Admin. Code tit. 52, § I-1101

Promulgated by the Department of Civil Service, Board of Ethics, LR 23:1296 (October 1997), amended LR 39:1418 (June 2013), Amended LR 46314 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).