39 Miss. Code. R. 1-6-122
Data requests and responses thereto shall not be filed with the Executive Secretary of the Commission, but shall be served as provided herein.
Copies of all data requests shall be served on all parties to the proceedings. Four (4) copies of all data requests and data responses shall be provided to the Staff. The requesting party shall retain the original of the data request and become the custodian thereof. A copy of the response shall be served on the requesting party and on any other party who so requests in writing a copy, except the Staff shall be copied as previously stated. The responding party shall retain the original of the response to the data request and be the custodian thereof.
All copies of data requests served upon the parties in a proceeding shall contain a certificate of service.
The party upon whom the data requests have been served shall furnish copies of the responses within twenty (20) days of the date of service or as ordered by the Commission. All copies of data responses shall contain a certificate of service.
When responding to data requests, the full text of the data request shall be set out preceding the response. Each shall be answered separately and fully in writing. Each set of data responses shall be signed under oath.
If a party objects to a data request, the full text of the data request shall be set out preceding the objection. The objection shall state with specificity the grounds therefore with respect to each item requested in the data request.
Unless an objection to responding under this section is based on the ground that production would impose an undue burden, the objecting party must provide the party seeking discovery with a schedule of items withheld and a statement of:
i The character and specific subject matter of each item; and
ii The specific objection asserted for each item.
If an objection under this section is based on the ground that production of the requested material would impose an undue burden, the objecting party must provide the party seeking discovery with a description of the approximate number of documents that would have to be produced.
A party may, by Motion to Compel, apply to the Commission for an order compelling a response to a data request. Prior to filing a Motion to Compel, the requesting party shall discuss with the responding party the requesting party's intention to file such a motion, and both parties shall make a good faith effort to resolve their discovery dispute without the need of the Commission's intervention. If a Motion to Compel is sought, a copy of the data request at issue shall be attached to the Motion to Compel. All parties in the proceeding shall be served a copy of said Motion to Compel with attachments.
Where compliance with the portion of this rule regarding service of copies would be unreasonably burdensome, the responding party may file a motion for waiver of the normal manner of service. The Commission may, in its discretion, decide the request on a case by case basis.
Data requests and responses are not part of the record of the filing unless offered and admitted into evidence.
39 Miss. Code. R. 1-6-122