Section 815-RICR-00-00-1.21 - DiscoveryA. General 1. The Division favors prompt and complete disclosure and exchange of information and encourages informal arrangements amongst the parties for this exchange. Further, it is the Division's policy to encourage the timely use of discovery as a means toward effective presentations at hearing and avoidance of the use of cross-examination at hearing for discovery purposes.2. Techniques of pre-hearing discovery permitted in state civil actions may be employed by any party. Upon experiencing any difficulties in obtaining discovery, the parties may seek relief from the Division by filing a proper motion.B. Depositions 1. The testimony of any witness may be taken by deposition at any time before the hearing is closed. Objection to the deposition, if any, shall be made in accordance with § 1.19 of this Part.2. The deposition shall proceed in the same manner and pursuant to the same procedures as govern depositions in the Superior Court in the State of Rhode Island.C. Data Requests 1. In any proceeding pending before the Division, the Division staff and any party may request such data, studies, workpapers, reports, and information as are reasonably relevant to the proceeding and are permitted by these rules or by statute.2. Data requests shall be in writing, shall be directed to the party or its attorney, and shall specify in as much detail as possible the material requested. Oral data requests may be allowed at the Hearing Officer's discretion when made on the record during a hearing. Any requested material or portion thereof to which objection is not made as set forth below shall be produced for the requesting party as soon as practicable and in no event later than twenty-one (21) calendar days after service of the request, unless the time for production is otherwise shortened or extended by agreement or order.3. Objection to a data request in whole or in part on the ground that the request is unreasonable and/or the material is not relevant or not permitted or required by law shall be made by motion filed as soon as practicable and in no event later than ten (10) calendar days after service of the request. An oral objection may be made at a hearing when the Hearing Officer has allowed an oral data request. Objections shall include the portions of the data request objected to and shall detail the basis for the objection. The Hearing Officer shall thereupon determine the validity of the request and shall establish a date for compliance. The relevancy of a request shall be determined under the standards established for such determinations under Rule 26 of the Superior Court Rules of Procedure.4. The failure of a party to comply with a data request or a Division order related thereto shall be grounds for striking any testimony related to such request.5. Copies of all data requests shall be served on all parties. In addition, two copies of both requests and responses shall be filed with the Clerk.6. Data requests and responses, though part of the docket, are not evidence unless admitted during a hearing, or by consent of the parties.D. Supplementation of Responses to Discovery Requests 1. A party who has responded to a request for discovery is under a duty to reasonably and promptly amend or supplement the previous response if information supplied in the previous response is incorrect or incomplete.E. Protective Orders1. Upon motion by a party from whom discovery is sought and for good cause shown, the hearing officer may make an order when justice requires to protect the party from unreasonable annoyance, embarrassment, oppression, burden or expense or from disclosure of confidential business and financial information. If the motion for a protective order is denied in whole or in part, the hearing officer may order that the party provide or permit the discovery.815 R.I. Code R. 815-RICR-00-00-1.21