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Discovery Guidelines
In General

These guidelines establish procedures for discovery in a contested case. The Administrative Law Judge (ALJ) may modify any of these procedures for the efficient conduct of the case.
Parties should make every effort to engage in cooperative informal discovery and to resolve disputes themselves. Parties should communicate problems with discovery requests and responses to the other side immediately by telephone. 
To facilitate discovery, each party must advise all other parties of the name, address, telephone number, FAX number and email address of the person who will coordinate responses to discovery requests.
Scope of Discovery

Subject to the limitations below, parties must fully disclose all material pertaining to the pending proceeding that bears upon or reasonably could lead to matters that bear upon, any issue in the proceeding.
Discovery Methods

Parties may use the following methods of discovery: 
  •  Admissions. Any party may request that another party admit the genuineness or correctness of a document. Responses to each request should be served within 7 days of receipt. Requests not denied within 7 days will be deemed admitted.
  •  Data requests. A party may serve data requests on any other party for disclosure of discoverable matters. Responses to data requests must be answered within 14 days of service. See OAR 860-001-0540.  Note: Data requests are not sent to the ALJ. See OAR 860-001-0540(5).
  •  Depositions. The testimony of any witness may be taken by deposition at any time before the hearing is closed. See OAR 860-001-0520.
  •  Subpoenas and subpoenas duces tecum. These may be obtained in accordance with the procedures set forth in OAR 860-001-0510.
  •  Requests for access to public records. Parties may request the Commission to provide copies of public records at a cost specified in OAR 860-001-0060 and according to the Public Records Law, ORS 192.410 et seq​.

Limits on Discovery

Discovery should be commensurate with the needs of the case, the resources available to the parties, and the importance of the issues to which the discovery relates. Discovery that is unreasonably cumulative, duplicative or overly broad will not be allowed.

Parties may seek to protect trade secrets, and other confidential commercial information from disclosure by requesting a protective order per OAR 860-001-0080. In addition, ORS 759.050(3) provides that "[i]nformation provided to the commission by a competitive provider under this subsection shall be confidential and shall not be disclosed by the commission except for regulatory purposes in the context of a proceeding before the commission."

The work product of an attorney and other privileged material is not discoverable except as provided under the Oregon Rules of Evidence. See ORCP 36.

A party will not be required to develop information or prepare a study for another party, unless:

(a) the capability to prepare the study is possessed uniquely by the party from whom discovery is sought (such as a run of a party’s computer program with different variables);

(b) the discovery request is not unduly burdensome; and

(c) the information sought has a high degree of relevance to the issues in the proceeding. 

Sanctions for Failure or Refusal to Disclose

If a party does not properly disclose discoverable material or renders incomplete or misleading responses, the ALJ may take appropriate action, including restricting or terminating the party’s participation in the proceeding.  A party may also seek a remedy in circuit court, as provided by law.