§204.65. Discovery  


Latest version.
  • a)         Upon written request served on the opposing party, a party shall be entitled to:

     

    1)         The name and address of any witness who may be reasonably expected to testify on behalf of the opposing party, together with a brief summary of the subject matter of each witness' anticipated testimony; and

     

    2)         All documents or other materials in the possession or control of the opposing party that the opposing party reasonably expects to introduce into evidence in either its case-in-chief or in rebuttal.  Rebuttal documents, to the extent that they are not immediately identifiable, shall be tendered to the opposing party forthwith upon identification.

     

    b)         A party may obtain discovery only by making a written request to produce witness lists, documents, and other materials, as provided in subsection (a) of this Section.

     

    c)         Witnesses, documents, and other materials that were not properly disclosed in response to a request for production may be barred or excluded from the hearing, and the Board may impose additional sanctions or penalties against the offending party.

     

    d)         Discovery requests under this Section shall not be cause for postponement or delay of hearings or of the Board's disposition of the proceedings.

     

(Source:  Added at 26 Ill. Reg. 10806, effective July 1, 2002)