CHAPTER 4-5
DISCOVERY

4-5-1 General Provisions.

In order to expedite justice discovery may be had to expand pleadings, clarify and narrow issues, investigate the facts, explore evidence and to facilitate settlement. Discovery may be had by:

(A)    depositions,

(B)    interrogatories,

(C)    production of documents and such,

(D)    physical and medical examination, and

(E)    requests for admission.

4-5-2 Privilege.

Any party may discover any matter which is not privileged that is relevant to the subject matter of a pending action, provided, that the opposing party’s discovery commences thirty (30) days after service of process except by leave of Court. Privileged communications are:

(A)    between attorney and client

(B)    between spouses

(C)    testimony against spouse

(D)    testimony against self

(E)    government or trade secrets

4-5-3 Notice and Service.

All person subjected to discovery shall be under oath and must have personal knowledge of the subject matter, may be represented by counsel, and shall receive reasonable advance notice stating the time and place of such proceedings. Discovery should be conducted within the 100 miles of the deponents residence or place of business. Non-party deponents may be served by subpoena in accordance with Section 4-3-9, provided that the deponent is served personally.

4-5-4 Protection.

Any person may request Court protection by a motion and good cause shown. The Court may impose any order where justice requires the protection of any person from annoyance, embarrassment, oppression, or undue burden or expense.

4-5-5 Costs.

Reasonable expenses of discovery shall be taxed as costs.

4-5-6 Depositions.

Depositions may be had upon any person. All depositions shall be in the presence of a Court reporter and response must be oral. The individual being deposed shall have the right to review and correct their transcribed deposition. Statements in depositions are generally inadmissible at trial except when:

(A)    made by a party in the pending action that are adverse to their own interests.

(B)    made by a party not in the pending action that contradicts testimony given at the trial if used for impeaching.

(C)    the deponent is beyond the reach of the subpoena process or unavailable, provided, that the party is not responsible for his own absence.

4-5-7 Interrogatories.

Interrogatories may be had only upon parties to the pending action. Responses must be written. The basis of information includes that which the party has reasonable access. A duty to respond is created and response must be made within forty-five (45) days. Response must be adequate.

4-5-8 Production of Documents and Such.

Any party may serve a written request for the production of any designated tangible items within the served party’s possession, custody, or control. The responding party must serve a written response that may agree to comply or state objections for not complying. The request may, without leave of Court, be served after commencement of action and shall describe each item for production with reasonable particularly. The responding party’s response shall be within thirty (30) days.

4-5-9 Physical and Medical Examination.

When the mental or physical condition of a party is in controversy, a party may upon motion and for good cause shown, order physical or mental examination. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the item, place, manner, conditions, and scope of the examination and the person by whom it is to be made.

4-5-10 Request for Admission.

A party may serve a written request for admission for purpose of the pending action only. Each matter, which an admission is requested, shall be separate. The matter is admitted unless within thirty (30) days after service the responding party submits a written answer or objection to each matter. An admission under the Section is not an admission by him for any other purpose other than the pending action and may not be used against him in any other proceeding.

4-5-11 Sanctions.

Failure to comply with request may result in Court intervention. The Court, upon motion, may compel a response. Failure to comply with a compelled response then may result in a contempt action.