| (a) A request for discovery may not be filed before
the request for hearing has been received by the Department.
(b) No party shall file copies of discovery requests
with SOAH.
(c) Depositions, interrogatories, and requests for
admission shall not be permitted in ALR proceedings.
(d) Both parties have the right to review, inspect,
and obtain copies of any non-privileged documents or records in the
other party's possession.
(e) A request for discovery must be on a separate document
from other pleadings and notices and clearly labeled as a request
for discovery.
(f) A defendant's request for discovery from DPS's
ALR Division shall be served in the manner specified in 37 Texas
Administrative Code §17.16 (relating to Service on the Department
of Certain Items Required to be Served on, Mailed to, or Filed with
the Department). DPS's request shall be served on Defendant at the
address of record.
(g) Except as provided in subsection (j) of this section,
responses to discovery shall be sent to the requesting parties within
five days after receipt of the request.
(h) If a party does not have any or all of the documents
in its actual possession, it shall respond within five days of the
request, stating that it does not have the documents in its actual
possession. A party must supplement all its discovery responses within
five days from the time the party receives the discoverable documents.
(i) If a document sought through discovery is received
by the requesting party fewer than ten days before the scheduled hearing,
the judge may grant a continuance on the request of either party.
The judge may grant only one continuance based on recently obtained
discovery.
(j) A defendant may request inspection, maintenance
and/or repair records for the instrument used to test the defendant's
breath specimen for the period covering 30 days prior to the test
date and 30 days following the test date. If the records are in the
actual possession of DPS, DPS shall supply the records to the defendant
within ten days of receipt of the request. If DPS fails to provide
properly requested records after the defendant has paid reasonable
copying charges for them, evidence of the breath specimen shall not
be admitted into evidence.
(k) A party that seeks relevant, probative records
from a third party may request issuance of a subpoena duces tecum
pursuant to Subchapter C (relating to Witnesses and Subpoenas) to
have the evidence produced at the hearing. If a person subpoenaed
under this section does not appear, the judge may grant a continuance
to allow for enforcement of the subpoena.
|
