SECTION 85:25-1-9. Depositions and discovery

(a)   Depositions.

(1)   Deposition of a witness may be taken pursuant to a subpoena or by agreement of the parties involved. The deposition of a witness may be taken inside or outside the State of Oklahoma with the requesting party bearing the cost of the court reporter.

(2)   The manner of taking deposition and the use thereof shall otherwise be governed by the laws relating to taking of depositions for use in the District Courts of Oklahoma.

(b)   Production of documents.

(1)   Upon application of a party, or upon the Commissioner's own motion, with or without notice, the Commissioner may make an Order requiring a party to produce designated documents or tangible objects for inspection by parties to the proceeding, or for copying at the expense of the applicant, or to be offered in evidence. The Order shall direct production thereof at the hearing, or at a prehearing conference and production shall be at the principal office of the Board, unless some other place is stated in the order. An order hereunder may be directed to a party not yet a party of record, conditioned that if such party appears at the hearing, the Order thereupon will be complied with.

(2)   The party applying therefore shall mail a copy of the Order by regular mail on each party of record at least seven (7) days prior to the date upon which production is required.

(3)   An Order pursuant to this Section may require production of any document not privileged which constitutes or contains evidence relevant to the subject matter of the proceeding, or may reasonably lead to such evidence. Business records shall not be deemed privileged as such; but confidential business records and information will be protected from disclosure except where directly relevant to the issues in the proceedings.

(4)   The Order shall identify the document or object to be produced individually or by categories, with sufficient particularity to permit easy identification thereof by the party ordered to make production.

(5)   An exact photographic copy of a document may be substituted for the original, at the expense of the person requesting the instrument.

(c)   Interrogatories. Interrogatories may be submitted to a party in an individual proceeding under the same restrictions and procedures as set forth in the Oklahoma Statutes governing discovery in civil cases.

[Source: Transferred from 625:1-1-9 (see Editor’s Note at beginning of this Chapter)]