OAR 582-020-0070
Discovery

(1) Before the hearing, the parties shall provide to the IHO and the other party a list of witnesses the party intends to call to testify at the hearing, and any documents that the parties intend to offer as evidence. The IHO may set a deadline to exchange witness lists and exhibits. The IHO may exclude witnesses or evidence that was not provided by this deadline unless the party offers a satisfactory reason for having failed to do so, or unless excluding the evidence would violate the duty to conduct a full and fair inquiry of the issue.
(2) Any discovery request shall be reasonably likely to produce information that is generally relevant and necessary to the case, or is likely to facilitate resolution of the case.
(3) The client may review the Program case file. However, materials protected under 34 CFR 361.38(c)(2) because of potential harm to the client may be withheld from clients representing themselves if these materials are not offered into evidence at the hearing.
(4) The Program, an attorney representing one of the parties, or the IHO may issue subpoenas for the attendance of witnesses or the production of documents.
(5) Depositions may not be taken without the Program’s express authorization.
(a) A party seeking to take the testimony of a material witness by deposition shall file a written request with the Program, with a copy to the IHO. The request shall include the name and address of the witness, a showing of materiality of the testimony of the witness, an explanation of why a deposition rather than informal, or other means of discovery, is necessary, and a request for the purpose of recording testimony.
(b) The Program shall consider the petition and issue a written order either granting or denying the deposition. If the Program grants the deposition, the deposition shall be taken on the terms the Program may order, including, but not limited to, location, manner of recording, time of day, individuals permitted to be present, and duration. The Program shall not pay for any deposition taken by the client.

Source: Rule 582-020-0070 — Discovery, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=582-020-0070.

Last Updated

Jun. 8, 2021

Rule 582-020-0070’s source at or​.us