Discovery procedures in state plan withdrawal

A party may request admissions any time after the proceeding starts (and generally before the preliminary conference), and copies of documents described in the request must be served with the request unless they have already been furnished or made available for inspection or copying. See 1955.32(a)(1).

• If documents were previously provided, you do not need to attach them again.
• Keep proof of service for the request and any attached documents when you send them.

The matter is deemed admitted unless the responding party serves a specific written response within 30 days after service of the request, or within a shorter or longer time if the administrative law judge prescribes one. See 1955.32(a)(1).

• If you need more or less time, ask the administrative law judge to set a different deadline.

If a party objects to an admission request, they must state the reasons for the objection and either specifically deny the matter or explain in detail why they cannot truthfully admit or deny it. See 1955.32(a)(2).

• Boilerplate objections without reasons are not sufficient; give clear grounds.
• A proper objection preserves the right to later seek relief from the administrative law judge if the objection is disputed.

A party may only state lack of information or knowledge as a reason for failing to admit or deny if they also state that they have made reasonable inquiry and that information known or readily obtainable is insufficient to enable them to admit or deny. See 1955.32(a)(2).

• Document the reasonable inquiries you made (who you asked, records checked) so your statement is credible.
• If information is later found, you must amend your response promptly.

The requesting party may move to have the administrative law judge determine the sufficiency of the answers or objections, and the judge may order the matter admitted or require an amended answer unless the judge finds the objection justified. See 1955.32(a)(3).

• The judge can also defer final disposition of requests to a preliminary conference or to a time before the hearing.
• File the motion promptly and provide the judge and all parties with copies of the original requests and responses.

Any matter admitted under the rule is conclusively established unless the administrative law judge permits withdrawal or amendment of the admission on motion. See 1955.32(a)(3).

• Treat admissions seriously because they can decide issues in the case unless successfully withdrawn.
• If you need to withdraw an admission, promptly move the judge and show good cause.

Yes, the testimony of any witness may be taken by deposition. See 1955.32(b)(1).

• Depositions are useful when a witness cannot attend the hearing or when pre-hearing development of testimony is needed.
• Follow the detailed procedures in the regulation when seeking depositions.

Depositions may be taken orally or upon written interrogatories, and they must be taken before a person designated by the administrative law judge or any person having the power to administer oaths. See 1955.32(b).

• Confirm in advance that the designated officer has authority to administer oaths in the jurisdiction.
• If the judge designates a person, follow that designation for validity of the deposition record.

An application to take a deposition must state the time when and the place where the deposition is to be taken, and the name and post office address of the person before whom the deposition will be taken. See 1955.32(b)(2)(i).

• Provide precise dates, times, and full addresses to avoid delays.
• If circumstances change, notify the administrative law judge and other parties promptly.

The application must include the name and address of each witness whose deposition is requested. See 1955.32(b)(2)(ii).

• Include full contact information to ensure proper notice and service.
• If you later learn of additional witnesses, amend your application or seek permission to add them.

The application must set forth the subject matter concerning which each witness is expected to testify. See 1955.32(b)(2)(iii).

• Be specific about topics so the judge and opposing parties understand the scope.
• Overbroad or vague subject descriptions may lead the judge to limit the deposition.

The party taking the deposition must give such notice as the administrative law judge may order to every other party. See 1955.32(b)(3).

• Follow the judge's instructions on the form and timing of notice (for example, how many days before the deposition).
• Serve written notice to opposing parties and keep proof of service.

Yes, each witness testifying by deposition must be sworn, and parties not calling the witness have the right to cross-examine them. See 1955.32(c)(1).

• Ensure the oath is administered by a person authorized to administer oaths.
• Cross-examination at the deposition is part of the written record and supports admissibility at hearing.

All questions, answers, and objections must be reduced to writing and read to or by the witness unless waived; any changes the witness wants must be entered on the deposition by the officer with the witness's reasons, and the deposition must then be signed by the witness and certified by the officer. See 1955.32(c)(1).

• The officer (e.g., court reporter) must certify the deposition to ensure its integrity.
• Keep the signed and certified original for filing and for the administrative record.

After completing the deposition, the officer must seal the deposition and any copies in an envelope and mail them by registered or certified mail to the administrative law judge. See 1955.32(c)(2).

• Use registered or certified mail to provide a verifiable chain of custody.
• Retain proof of mailing in case questions arise about timely filing.

Any part or all of a deposition may be offered into evidence by the party taking it against any party who was present, represented, or had due notice of the deposition, subject to objections noted at the time of taking and to the provisions in 1955.40(b)(1). See 1955.32(c)(2).

• Make sure objections are recorded during the deposition to preserve them for hearing rulings.
• Review 1955.40(b)(1) for any additional limits on admissibility.

Yes, the administrative law judge may allow discovery by other appropriate procedures, such as interrogatories or requests for production of documents, whenever appropriate for a just disposition of an issue. See 1955.32(d).

• If you need a specific type of discovery not explicitly listed, request it from the judge with reasons why it is necessary.
• Be prepared to explain scope, relevance, and burden when seeking broader discovery.

On motion by a party or the person from whom discovery is sought, and for good cause shown, the administrative law judge may enter any order necessary to limit or condition discovery to protect against annoyance, embarrassment, oppression, or undue burden or expense. See 1955.32(e).

• Typical protective orders can limit scope, require confidentiality, or shift costs.
• When seeking limitation, describe specific harms and propose reasonable alternatives.

If the administrative law judge has not designated someone, the deposition may be taken before any person who has the power to administer oaths. See 1955.32(b).

• Typical officers with power to administer oaths include notaries public and court reporters authorized in the jurisdiction.
• Confirm statutory authority in the deposition location to avoid challenges to the oath's validity.

A denial must fairly meet the substance of the requested admission; if only part of the matter is true, the answering party must specify the portion that is true and qualify or deny the remainder. See 1955.32(a)(2).

• Avoid blanket denials—identify which facts you admit and which you contest.
• Clear, fact-specific denials help the judge and parties focus the issues for hearing.

Copies of all requests for admissions and responses must be served on all parties and filed with the administrative law judge. See 1955.32(a)(3).

• Maintain proof of service and file-stamped copies for your records.
• Timely service and filing help avoid procedural disputes about what was asked or answered.

If the witness and the parties waive reading the deposition back, the requirement to read the questions and answers to or by the witness is excused; otherwise the written questions and answers must be read to or by the witness. See 1955.32(c)(1).

• A written waiver signed by the witness and parties can speed the deposition process.
• Even with a waiver, ensure the witness later signs and the officer certifies the deposition.

Yes, a deposition offered into evidence is subject to objections noted at the time of taking and any limits set forth in 1955.40(b)(1), so parts may be excluded or limited by the administrative law judge. See 1955.32(c)(2).

• Preserve objections during the deposition to ensure they can be ruled on at hearing.
• Review 1955.40(b) for additional procedural rules affecting admissibility.

A party desiring to take a deposition should apply in writing to the administrative law judge, specifying the time, place, officer, the names and addresses of witnesses, and the subject matter for each witness. See 1955.32(b)(2).

• Make the application as complete and specific as possible to obtain timely approval.
• Attach proposed notices and suggested officers to minimize back-and-forth with the judge.

To obtain a protective order limiting discovery, the moving party must show good cause that the requested limitation is necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. See 1955.32(e).

• Describe specific harms, quantify burden or expense where possible, and propose less restrictive alternatives.
• The judge balances protection against the requesting party's need for the information.