Section 1.23. Discovery.

 

(1)   Class 2 contested cases. In a class 2 contested case, every party is entitled to discovery as provided in s. 227.45 (7) and ch. 804 , Stats.

(2)   Other contested cases. In a class 1 or class 3 contested case, the administrative law judge may by order authorize discovery by any party under s. 227.45 (7) and ch. 804 , Stats. Except as provided in s. 227.45 (7) (a) to (d) , Stats., the decision to grant or deny a discovery request in a class 1 or class 3 contested case is subject to the administrative law judge's discretion. The administrative law judge may issue a discovery order in response to a motion by any party, and may impose such limits on discovery as the administrative law judge considers appropriate.

(3)   Exchange of evidence and witness lists.

(a) Except as provided under par. (b) or ordered by the administrative law judge, every party in a contested case shall provide every other party with all of the following at least 10 days prior to hearing:

1. The name and address of every person whom the party intends to call as a witness in the proceeding. Proposed expert witnesses shall be identified as such.

2. A copy of every document which the party intends to offer as evidence in the proceeding.

3. A description of every item of physical evidence which the party intends to offer as evidence in the proceeding. Upon request by any other party, the party offering the physical evidence shall permit the requesting party to make reasonable inspection of the physical evidence prior to hearing.

(b) Paragraph (a) does not apply to witnesses or evidence used solely to impeach witness testimony.

(4)   Protective orders. Upon motion by any party, and for good cause shown, the administrative law judge may issue a protective order under s. 804.01 (3) , Stats., limiting discovery. The administrative law judge may issue a protective order in any contested case, including a class 2 contested case.

(5)   Order compelling discovery. If a person fails to respond to a discovery request under this section, the party seeking discovery may move the administrative law judge for an order compelling discovery. Upon motion by any party, the administrative law judge may issue an order compelling discovery under s. 804.12 , Stats.

(6)   Completion of discovery. Discovery in a contested case shall be completed at least 10 days prior to the date on which the contested case hearing is scheduled to begin, except as otherwise ordered or allowed by the administrative law judge.

Cr. Register, May, 1992, No. 437 , eff. 6-1-92; am. (2), (3) (a), (4) and (5), Register, June, 1999, No. 522 , eff. 7-1-99; CR 09-054 : am. (3) (a) (intro.), cr. (6) Register December 2010 No. 660 , eff. 1-1-11.

Note

If a party fails to comply with sub. (3), or with an administrative law judge's order under sub. (2), (4) or (5), the party is subject to possible sanctions under s. ATCP 1.11 . If any person willfully fails to testify or provide evidence in compliance with an administrative law judge's order under sub. (5), that person may be coerced under ss. 93.14 (3) and 885.12 , Stats., or may be subject to criminal penalties as provided under s. 93.21 (3) or (4) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1