52 Ind. Admin. Code 4-8-3

Current through December 4, 2024
Section 52 IAC 4-8-3 - Discovery

Authority: IC 6-1.5-6-2

Affected: IC 6-1.1-15

Sec. 3.

(a) In addition to the evidence exchange rules under section 1 of this rule, a party may:
(1) obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action; and
(2) use the applicable discovery methods contained in the Indiana Rules of Trial Procedure.
(b) No party shall serve on any other party more than twenty-five (25) interrogatories or more than twenty-five (25) requests for admission, including subparagraphs and subparts, without leave of the board.
(c) A party shall not serve any discovery, including a notice of deposition, upon a nonparty until at least fifteen (15) days after the date on which the party intending to propound such discovery serves a copy of the proposed request and subpoena on all other parties.
(d) The parties shall make all reasonable efforts to resolve discovery disputes before seeking a discovery order from the board.
(e) Upon showing of good cause, including a description of independent efforts made to resolve the discovery dispute, the board may issue a discovery order consistent with subsection (a). A party who fails to comply with a discovery order may be subject to sanctions.
(f) Upon motion of a party and for good cause shown, the board may issue a protective order restricting discovery of a trade secret or other confidential information or other matter consistent with the Indiana Rules of Trial Procedure and this article.
(g) This section does not apply to a petition under the small claims docket.

52 IAC 4-8-3

Indiana Board of Tax Review; 52 IAC 4-8-3; filed 5/15/2020, 8:34 a.m.: 20200610-IR-052190626FRA