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12. Discovery

  1. Limited discovery. 
    Discovery in cases before the CRD is limited, and available only in some cases where provided by regulation.  Parties should refer to the specific regulation governing their case for guidance in making a discovery request.
  2. Motions to compel. 
    A party may move to compel the production of documents as authorized by law.  The moving party must follow the instructions established by the ALJ and attach relevant documentation supporting the motion.
  3. Subpoena duces tecum. 
    A party may request the ALJ to issue a subpoena for the production of certain documents (a “subpoena duces tecum”) and the ALJ may issue such subpoenas as authorized by law.   An ALJ will issue a subpoena if the requesting party has met all applicable regulatory requirements.
  4.  Sanctions. 
    Upon request of a party or on his or her own motion, the ALJ may sanction a party for not complying with any discovery-related order, including the failure to respond to a discovery request by a certain deadline.  Sanctions will be proportionate to the violation and can range from drawing a negative factual inference against the noncompliant party to the dismissal of a noncompliant party’s hearing request.
  5. Motion for a protective order. 
    If available under the applicable regulations, a party may move the ALJ to issue a protective order that limits the production or disclosure of certain requested documents by an opposing party.  An ALJ will issue a protective order if the requesting party has met all applicable regulatory requirements.
  6. Response to discovery-related motions. 
    If a party moves the ALJ to issue a discovery-related order or sanction, an opposing party will have an opportunity to respond to that motion within the time permitted by the applicable regulations, which may be 10 or 20 days from the date the request has been filed.
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014