5.1 - Discovery Generally

(a) Methods of Discovery

During OCAHO proceedings, parties may obtain discovery by one or more of the following methods:

• depositions by oral examination or written questions;
• written interrogatories;
• requests for production of documents or things, or permission to enter upon land or other property for inspection or other purposes;
• requests for physical and mental examinations; and
• requests for admissions.

(b) Scope of Discovery

Parties may generally obtain discovery regarding any matter that is not privileged and that is relevant to the subject matter involved in the proceeding. This includes:

• the existence, description, nature, custody, condition, and location of any relevant books, documents, or other tangible things; and
• the identity and location of persons having knowledge of any discoverable matter.

(c) Limitations on Discovery

The ALJ may limit the frequency or extent of discovery either on the judge’s own initiative or pursuant to a motion for a protective order. See Chapter 5.9 (Protective Orders) for more information on protective orders.

(d) Filing Requests for Discovery with OCAHO

Unless otherwise ordered by the ALJ, parties should not file requests for discovery, answers, or responses thereto with the ALJ.