Rule 28 - Disclosure and Discovery(a) Generally.(1) Unless inconsistent with these rules, Civil Rules 26 through 37 apply to disclosure and discovery in contested probate proceedings, except that Civil Rule 26(f)(1) is replaced by subpart (a)(2) of this rule, and Civil Rule 26.2 is replaced by section (b) of this rule.(2) A party may not seek discovery from any source, including nonparties, unless (A) a petition is pending before the court;(B) authorized by section (e) of this rule;(C) authorized by statute; or(D) the court orders otherwise.(b) Presumptive Limits. Unless the court orders otherwise, each side in a probate proceeding is presumptively limited to the following discovery:(1)Interrogatories. 20 interrogatories, with each subpart of a nonuniform interrogatory counted as a separate interrogatory.(2)Request for Admissions. 10 requests.(3)Requests for Production. 10 requests.(4)Depositions of Fact Witnesses. 10 hours total.(5)Depositions of Expert Witnesses. 4 hours for each expert. For purposes of this rule, a treating physician is an expert witness.(c) Limits by Court Order. The court on its own or on a party's motion may modify the presumptive limits in section (b).(d) Attorney Fees Claim. For purposes of a claim for attorney fees, discovery taken by a party within the limits of this rule does not establish that the discovery was necessary or that the time expended on that discovery was reasonable.(e) Fiduciary Subpoena Authority. Even when no contested matter is pending, any of the following persons, in furtherance of that person's duties, may request the clerk to issue a subpoena to produce materials or permit inspections: (1) a public fiduciary ordered by the court to conduct an investigation;(2) a licensed fiduciary appointed by the court as a guardian, conservator, or personal representative;(3) an unlicensed fiduciary expressly authorized by the court to request the subpoena; or(4) the attorney representing a guardian, conservator, or personal representative, regardless of whether that fiduciary is licensed. A person who requests the issuance of a subpoena under this rule must comply with the applicable requirements of Civil Rule 45.
Amended Aug. 29, 2019, effective 1/1/2020.