Common use of Discovery Procedures Clause in Contracts

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. 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.