Section Ins 5.35 - Discovery(1) CLASS 2 CONTESTED CASES. In a class 2 contested case, every party is entitled to discovery as provided in s. 227.45(7), Stats., and ch. 804, Stats.(2) OTHER CONTESTED CASES. In a class 1 or class 3 contested case, the administrative law judge may by order authorize discovery by any party under s. 227.45(7), Stats., and ch. 804, Stats. Except as provided in s. 227.45(7) (a) to (d), Stats., the decision to grant or deny a discovery request in a class 1 or class 3 contested case is subject to the administrative law judge's discretion. The administrative law judge may issue a discovery order in response to a motion by any party.(3) EXCHANGE OF EVIDENCE AND WITNESS LISTS. (a) Except as provided under par. (b), or unless the administrative law judge orders otherwise, each party in a contested case shall serve every other party with all of the following by the date ordered by the administrative law judge:1. The name and address of every person whom the party intends to call as a witness at the hearing. Expert witnesses shall be identified as such.2. A copy of every document which the party intends to offer as evidence at the hearing.3. A description of each item of physical evidence which the party intends to offer as evidence at the hearing. Upon request by any other party, the party offering the physical evidence shall permit the requesting party to make reasonable inspection of the physical evidence before the hearing.(b) Paragraph (a) does not apply to witnesses or evidence used solely to impeach witness testimony.(c) After considering all of the following and any other relevant factors, the administrative law judge may exclude evidence offered by a party who, without showing good cause, fails to comply with par. (a): 1. The prejudice or surprise to the party against whom the evidence is offered and the ability of the party to cure any prejudice.2. The extent to which waiver of the requirements of par. (a) would disrupt the orderly and efficient hearing of the contested case. 3. Bad faith or willfulness in failing to comply with par. (a). (4) PROTECTIVE ORDERS. Upon motion by any party, and for good cause shown, the administrative law judge may issue a protective order under s. 804.01(3), Stats., limiting discovery in any contested case, including a class 2 contested case.(5) ORDER COMPELLING DISCOVERY. If a person fails to respond to a discovery request under this section, the party seeking discovery may move the administrative law judge for an order compelling discovery. Upon motion by any party, the administrative law judge may issue an order compelling discovery under s. 804.12, Stats.Wis. Admin. Code Office of the Commissioner of Insurance Ins 5.35
Cr. Register, March, 1996, No. 483, eff. 4-1-96.