Rule 8 Discovery
Rule Text
(a) IN GENERAL. On motion of a party, the court, for good cause and with due regard for the summary nature of the proceedings, may authorize a party to proceed with the discovery permitted by this rule. A motion for discovery must:
(1) state whether there is a pending criminal case involving the same facts alleged in the civil protection order case; and
(2) be accompanied by the proposed interrogatories, requests for production, or requests for admission.
(b) TIMING.
(1) Motion. A motion for discovery must be filed no later than 7 days after the respondent was served with the petition or at such other time as the court may direct.
(2) Opposition. An opposition to the motion must be filed no later than 7 days after service of the motion or at such other time as the court may direct.
(c) LIMITATIONS AND SCOPE.
(1) Written Interrogatories, Requests for Production, and Requests for Admission. Discovery in civil protection order proceedings is limited to written interrogatories, requests for production, and requests for admission.
(2) Discovery from Nonparty. A motion for discovery may seek discovery from a nonparty.
(3) Scope. Unless otherwise authorized by the court, discovery is limited to matters directly relating to any incidents alleged in the petition, defenses to those allegations, medical treatment obtained as a result of the incidents, and any requests for relief.
(d) PROTECTIVE ORDER. On motion by a party or witness, the court may, for good cause, issue an order to protect a party from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(1) forbidding the discovery;
(2) specifying terms, including time and place or the allocation of expenses, for the discovery;
(3) forbidding inquiry into certain matters, or limiting the scope of discovery to certain matters.
(e) RESPONSE TO DISCOVERY. Once authorized by the court, a response to a discovery request must be served on the other party within the time frame ordered by the court. Responses to discovery must not be filed.