(a) Parties may use all permissible forms of discovery authorized in the Texas Rules of Civil Procedure in accordance with and subject to the limitations provided therein. A party may apply to the administrative law judge for issuance of a commission to take a deposition only if the parties disagree on its scheduling or scope. Procedures for obtaining a ruling on objections or on a motion to compel compliance with discovery must comply with the Rule of Civil Procedure that relates to the particular form of discovery on which a ruling is sought.
(b) A motion regarding discovery must contain a certificate that efforts to resolve the discovery dispute without intervention by the administrative law judge have been attempted and failed.
(c) Due to space limitations, parties should not file a discovery document with the administrative law judge unless the document contains information material to an issue upon which a ruling is requested or is to be introduced into evidence.
(d) In the interest of justice and for good cause shown, the administrative law judge may enter a discovery order superceding a rule of discovery that might otherwise be applicable.
Source Note: The provisions of this §9.21 adopted to be effective November 13, 1997, 22 TexReg 10951; amended to be effective March 11, 2004, 29 TexReg 2301