Discovery Procedures. At any time after a formal, written grievance has been properly filed with an agency, the employee and/or the agency may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending appeal by utilization of one or more the following methods: requests for depositions; requests for interrogatories; requests for production of documents or things; requests for permission to enter agency premises for purpose of inspection; requests for admissions. All discovery requests are subject to the following provisions: Requests for discovery shall be addressed to the party from which the discovery is sought. Discovery requests must be provided in writing within ten (10) work days of receipt of request, unless objections are entered. Objections to such requests may be made only to the hearing officer or arbitrator within five (5) work days of receipt of the request. The hearing officer or arbitrator shall affirm or deny such objections within ten (10) work days of receipt of the objections and shall establish time limits for response when objections are denied. Within five (5) work days of receipt of the discovery requested, the requesting party shall notify the answering party of any failure on the part of the answering party to properly respond to the request. Except where objections to discovery requests are sustained, the failure to respond to any discovery requests may result in the answering party being denied the right to introduce the requested evidence or such other remedy as is deemed appropriate. Disputes concerning the discovery process shall be decided by the Employee Relations Division Administrator or where applicable by the hearing officer or other duly appointed person if so appointed at the time of the dispute. Such person shall have the authority to make rulings on objections to discovery by the parties, to issue subpoenas for testimony of witness or for the production of documents. Disputes or objections concerning discovery or the discovery process shall be decided by reference to the Nebraska Supreme Court Discovery Rules, the Nebraska Rules of Evidence, and Nebraska Supreme Court case law.
Discovery Procedures. The procedures for the arbitration of a dispute shall include adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of documents and other things, and inspection of land and tangible items. The nature and extent of such discovery shall be determined as provided herein and shall take into account (i) the complexity of the dispute, (ii) the extent to which facts are disputed, and (iii) the amount in controversy. The forms and methods for taking such discovery shall be as described in the Federal Rules of Civil Procedure, except as modified by the procedures established by the Alternate Dispute Resolution Committee, the arbitrator(s) or agreement of the parties.
Discovery Procedures. The procedures for the arbitration of a dispute shall include adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of documents and other things, the presentation of evidence, the taking of samples, conducting of tests, and inspection of land and tangible items. The nature and extent of such discovery shall be determined as provided herein and shall take into account (i) the complexity of the dispute, (ii) the extent to which facts are disputed, (iii) the extent to which the credibility of witnesses is relevant to a resolution, and (iv) the amount in controversy. The forms and methods for taking such discovery shall be as described in the Federal Rules of Civil Procedure, except as modified pursuant to Section 1.5.4.
Discovery Procedures. Unless otherwise agreed to by all parties or ordered by the arbitration panel, discovery shall be limited in the arbitration to the following:
Discovery Procedures. Adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of relevant documents and other things, the presentation of evidence, the taking of samples, conducting of tests, and inspection of land and tangible items shall be granted by the arbitrator(s). When deciding the nature and extent of such discovery, the arbitrator(s) shall take into account (a) the complexity of the dispute, (b) the extent to which facts are disputed, (c) the extent to which the credibility of witnesses is relevant to a resolution, and (d) the amount in controversy. Discovery disputes shall be resolved by the arbitrator(s) by telephonic means or other means determined by the arbitrator(s).
Discovery Procedures. After the appointment of the arbitrator, the parties shall have the right to take depositions and to obtain discovery consistent with the Federal Rules of Civil Procedure by other means regarding the subject matter of the arbitration as if the matter were pending in the U.S. District Court sitting in Wilmington, Delaware. The arbitrator may, for good cause shown, limit the nature and extent of such discovery and establish or modify the schedule relating to any discovery requests or applications relating thereto. The arbitrator shall have the power to decide all other procedural issues, including the following: the date, time and place of any hearing; the form, timing, and subject matter of any pre-hearing documents to be submitted by the parties; and any evidentiary or procedural issues that may arise at or in connection with any arbitration hearing. All discovery conducted in connection with an Arbitration Dispute shall be subject to the confidentiality provisions set forth in Section 11.17.
Discovery Procedures. The following procedures will be followed in the event of an unanticipated discovery of a cultural resource during construction activities, or during operation of the SpaceX Texas Launch Site, as defined in 36 CFR §800.13. For the purposes of this plan, an “unanticipated discovery” is defined as the unexpected revelation of concentrated associations of cultural materials and/or human remains within a limited area that meet the definition of an archaeological site in Chapter 26 of the Antiquities Code of Texas. Widely scattered, isolated occurrences of cultural materials that are characterized by solitary artifacts or sparse, insignificant groupings of artifacts within a given space are considered isolated finds. These types of finds lack the capacity to yield information important to human history and cultures. Any discoveries a qualified professional determines as meeting the definition of an isolated find will not be considered discoveries and will only be subject to the following initial procedures for unanticipated discoveries. A variety of cultural resources could be inadvertently discovered during construction activities at the vertical launch and control center areas based on the known cultural history of the area and identified cultural resources located nearby. All ground-disturbing activities will be within the direct APE; the contractor will not conduct any ground-disturbing activities outside of this APE, including the grading of access roads or at material borrow or disposal sites. Prehistoric resources may include, but not be limited to, resource procurement sites, open camps, and burials. Anticipated historic resources include military camps, battle sites, unmarked xxxxxx, homesteads and ranches, dumps, and trash scatters. The remains of a late 19th or early 20th century homestead or ranch (41CF217) was previously documented at the west end of the proposed vertical launch area. Additional cultural materials associated with this site, such as metal, glass, and ceramic artifacts as well as scattered building materials, are likely to be uncovered during ground disturbing activities. Building foundations or structural remains, while not identified during the 2013 archaeological survey of the vertical launch area, also could be present within the construction area. If additional cultural materials similar to that found previously associated with Site 41CF217 are uncovered during construction, they will not be considered a discovery and the proced...
Discovery Procedures. To effectuate the purpose of the statute, the parties agree that Education Law Section 3020-a authorizes the following in advance of the hearing: Both sides will exchange witness lists, witness statements, and physical evidence (e.g., photographs) at least before the presentation of their direct case and earlier upon motion to the arbitrator. The Respondent shall receive copies of investigatory statements, notes, other exculpatory evidence, and relevant student records after and subject to in camera review. The Board shall receive evidence and documents from the respondent upon a showing during the hearing that it is relevant. Additionally, if the case has stemmed from an investigation conducted by the Special Commissioner of Investigation (SCI), the Board will provide the entire SCI file to Respondent, including exculpatory evidence, during the discovery phase of the 3020-a hearing unless such information is privileged. Failure to do so shall form the basis of such evidence being precluded from introduction in the 3020-a proceedings. This provision remains subject to the Family Educational Rights and Privacy Act.
