442 Neb. Admin. Code, ch. 12, § 007

Current through June 17, 2024
Section 442-12-007 - Interrogatories to Parties (Rule 33)
007.01 Availability; Procedures for Use

Any party may serve upon any other party written interrogatories to be answered by the party served or if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of the Commission, be served upon the petitioner or appellant after filing of a petition or appeal and upon any other party after service of the notice in lieu of summons upon that party. Unless otherwise permitted by the Commission for good cause shown no party shall serve upon any other party more than fifty interrogatories. Each question, subquestion, or subpart shall count as one interrogatory.

Each interrogatory shall be repeated and answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the legal counsel or party making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories, except that a defendant or appellee may serve answers or objections within forty-five days after service of the notice in lieu of summons upon that defendant or appellee. The Commission may allow a shorter or longer time. The party submitting the interrogatories may move for an order under subsection 011.01 with respect to any objection to or other failure to answer an interrogatory.

007.02 Scope; Use at Hearing

Interrogatories may relate to any matters which can be inquired into under subsection 001.02, and the answers may be used to the extent permitted by Neb. Rev. Stat. § 77-5016.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the Commission may order that such an interrogatory need not be answered until after designated discovery has been completed or until a prehearing conference or other later time.

007.03 Option to Produce Business Records

Where the answer to an interrogatory may be derived or ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, 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 to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail as to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

442 Neb. Admin. Code, ch. 12, § 007