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90 FR 25895, June 18, 2025, unless otherwise noted.
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(a) The parties are encouraged to engage in voluntary discovery. For a deposition or other discovery procedure, the Board may issue any order necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Those orders may include limits to the scope, method, time, and place for discovery and provide for protecting confidential information or documents. Except in connection with motions to compel or for a protective order, discovery requests and responses should not be filed with the Board.
(b) The Board may limit the type, frequency, extent, and scope of discovery. In doing so, the Board may generally consider whether:
(1) The discovery request is unreasonably cumulative or duplicative, or is obtainable from some other more convenient, less burdensome, or less expensive source;
(2) The party seeking discovery has had a reasonable opportunity to obtain the information sought; and
(3) The discovery request is relevant and proportional to the needs of the case, considering, among other things, the amount in controversy, the parties' resources, and the importance of the issues.
(c) The parties must make a good faith effort to resolve discovery disputes informally. A party receiving an objection to a discovery request, or a party that believes another party's response to a discovery request is incomplete or entirely absent, may file a motion to compel a response. A motion to compel must include a statement that the moving party has made a good faith effort to informally resolve the dispute. A motion to compel must also include a copy of each discovery request at issue and any response.
(d) A party may ask the Board to impose appropriate sanctions or other remedies if the opposing party:
(1) Fails to appear for a deposition at an agreed time and date, or after being served with a proper notice; or
(2) Fails, after proper service, to object or answer interrogatories, requests for admission, or requests for the production or inspection of documents, electronically stored information, or tangible things.