(a) Discovery.
(1) On written request of the opposing party, the party shall supply a list of both witnesses and documents he intends to introduce at a hearing within seven calendar days of the receipt of the request.
(2) Within seven calendar days of receipt of a written request, the party shall permit the opposing party to review and copy, at his own expense, any documents intended to be introduced at a hearing.
(3) If a party fails, without good cause, to comply with subsections (a)(1) and (2) hereof, such testimony or documents shall, upon motion of the adversely affected party, be excluded from the hearing before the Civil Service Commission.
A. The Commission shall determine whether the party has complied with this rule.
B. Failure to serve requests for lists or the examination of documents at least ten calendar days before the first scheduled record hearing waives all right to exclude such evidence under this rule.
(4) The Commission may continue hearings to permit discovery under this rule.
(b) Depositions.
(1) The Commission may order depositions upon motion of any party.
A. Motions to take depositions shall be filed, in writing, with the Commission at least ten calendar days prior to a record hearing. The Commission may continue hearings to take depositions.
B. The cost of such depositions shall be borne by the party requesting the deposition.
(2) The Commission may, on its motion, order depositions taken at a time and place of its choosing. Such depositions may be recorded electronically and may be used in a resolution of an appeal.
(c) Work Product. A representative's work product is not discoverable.
(d) Pre-hearings.
(1) At any time prior to a record hearing, the Commission may, on its own motion or upon motion of any party, direct the parties or their representatives to participate in a pre-hearing.
(2) Pre-hearings may be held for the following purposes:
A. Simplification or clarification of issues;
B. Obtaining stipulations and admissions;
C. Agreements limiting the number of witnesses;
D. Disclosure of evidence expected to be introduced at a record hearing;
E. Exchange of documents and witness lists; and
F. Discussion of any other matters tending to expedite the proceedings.
(3) Final Commission orders, procedural orders and reports and recommendations may be issued based upon information obtained at a pre- hearing.
(Ord. 92-1458. Passed 10-6-92.)