Skip to Main Content
<< Back | Return to Main COMAR Search Page

14 records match your request.

FileAbstract
26.20.35.00.htm 26.20.35.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 35 Discovery During Adjudicatory Hearings Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.35.01.htm 26.20.35.01. 01 Discovery Methods.. Parties may obtain discovery by one or more of the following methods:. A. Depositions upon oral examination or upon written interrogatories;. B. Written interrogatories;. C. Production of documents or things or permission to enter upon land or other property, for inspection and other purposes; andD. Requests for admission..
26.20.35.02.htm 26.20.35.02. 02 Time for Discovery.. Following the initiation of a proceeding, the parties may initiate discovery at any time as long as it does not interfere with the conduct of the hearing.
26.20.35.03.htm 26.20.35.03. 03 Scope of Discovery.. A. Unless otherwise limited by order of the hearing officer, the parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things, and the identity and location of persons having knowledge of any discoverable matter.B. It is not ground for o
26.20.35.04.htm 26.20.35.04. 04 Sequence and Timing of Discovery.. Unless the hearing officer, upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, may not operate to delay any other party's discovery.
26.20.35.05.htm 26.20.35.05. 05 Supplementation of Responses.. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:A. A party is under duty to supplement timely his response with respect to any question directly addressed to:1) The identity and location of persons having knowledge of discoverable matters, and. 2) The identity of each person expected to be call
26.20.35.06.htm 26.20.35.06. 06 Motion to Compel Discovery.. A. If a deponent fails to answer a question propounded, or a party upon whom a request is made pursuant to Regulation .11 of this chapter, or a party upon whom answers to interrogatories are served fails to adequately respond or objects to the request, or any part of it, or fails to permit inspection as requested, the discovering party may move the hearing officer for an order compelling a response or inspection in accordance with the request.
26.20.35.07.htm 26.20.35.07. 07 Failure to Comply with Orders Compelling Discovery.. If a party or an officer, director, or other agent of a party fails to obey an order to provide or permit discovery, the hearing officer may make such orders in regard to the failure as are just, including but not limited to the following:A. An order that the matters sought to be discovered or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim
26.20.35.08.htm 26.20.35.08. 08 Depositions upon Oral Examination or upon Written Questions.. A. Any party desiring to take the testimony of any other party or other person by deposition upon oral examinations or written questions shall, without leave of the hearing officer, give reasonable notice in writing to every other party, to the person to be examined, and to the hearing officer, of the following:1) The proposed time and place of taking the deposition;. 2) The name and address of each person to be exami
26.20.35.09.htm 26.20.35.09. 09 Use of Depositions.. A. At the hearing, any part or all of a deposition, so far as admissible, may be used against any party who was present or represented at the taking of the deposition, or who had reasonable notice of it.B. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness.C. The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing age
26.20.35.10.htm 26.20.35.10. 10 Written Interrogatories to Parties.. A. Any party may serve upon any other party written interrogatories to be answered in writing by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish this information as is available to the party. A copy of the interrogatories, answers, and all related pleadings shall be served on the hearing officer a
26.20.35.11.htm 26.20.35.11. 11 Production of Documents and Things and Entry upon Land for Inspection and Other Purposes.. A. Any party may serve on any other party a request to:. 1) Produce and permit the party making the request, or a person acting on his behalf, to inspect and copy any designated documents, or to inspect and copy, test, or sample any tangible things within the scope of Regulation .03 of this chapter and which are in the possession, custody, or control of the party upon whom the re
26.20.35.12.htm 26.20.35.12. 12 Admissions.. A. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the genuineness and authenticity of any relevant document described in or attached to the request, or for the admission of the truth of any specified relevant matter of fact.B. Each matter of which an admission is requested is admitted unless, within 30 days after service of the request or such shorter or longer time as th
26.20.35.9999.htm 26.20.35.9999. Administrative History Effective date:. Regulations .01―12 were previously codified as COMAR 08.13.09.44A―L, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01. ―Chapter recodified from COMAR 08.20.35 to COMAR 26.20.35, June 1996.
<< Back | Return to Main COMAR Search Page