Rule 12-13 Discovery.

(a) Requests for production of documents, for identification of hearing witnesses, and for inspection of real evidence to be introduced at the hearing may be directed by any party to any other party without leave of the hearing officer.

(b) Depositions shall only be taken upon motion for good cause shown. Other discovery devices, including interrogatories, shall not be permitted except upon agreement among the parties or upon motion for good cause shown. Resort to such extraordinary discovery devices shall not generally be cause for adjournment of a conference or hearing.

(c) Discovery shall be requested and completed promptly, so that each party may reasonably prepare for the hearing. A demand for identification of witnesses, for production of documents, or for inspection of real evidence to be introduced at the hearing shall be made not less than twenty days before the hearing, or not less than twenty-five days if service of the demand is by mail. An answer to a discovery request shall be made within fifteen days of receipt of the request. An objection to a discovery request shall be made as promptly as possible, but in any event within the time for an answer to that request. Different times may be fixed by consent of the parties, or by the hearing officer for good cause. Notwithstanding the foregoing time periods, where the notice of the hearing is served less than twenty-five days in advance of the hearing, discovery shall proceed as quickly as possible, and time periods may be fixed by consent of the parties or by the hearing officer.

(d) Any discovery dispute shall be presented to the hearing officer sufficiently in advance of the hearing to allow a timely determination. Discovery motions are addressed to the discretion of the hearing officer. The timeliness of discovery requests and responses, and of discovery-related motions, the complexity of the case, the need for the requested discovery, and the relative resources of the parties shall be among the factors in the hearing officer's exercise of discretion.

(e) In ruling upon a discovery motion, the hearing officer may deny the motion, order compliance with a discovery request, order other discovery, or take other appropriate action. The hearing officer may grant or deny discovery upon specified conditions, including payment by one party to another of stated expenses of the discovery. Failure to comply with an order compelling discovery may result in imposition of appropriate sanctions upon the disobedient party, attorney or representative, the preclusion of witnesses or evidence, drawing of adverse inferences, or, under exceptional circumstances, removal of the case from the calendar, dismissal of the case, or declaration of default.