Discovery

(a) Required Disclosures. Unless extended by order of the presiding Chairperson or Vice-Chairperson, within 60 days of the filing of the Verified Answer, the Commission Counsel and the Respondent shall disclose to the other: (1) the name, address, and contact information of each witness the party expects to offer at the disciplinary or disability hearing; (2) a brief summary of the expected testimony of each witness; (3) written statements provided by a witness to the Commission or the Respondent; and (4) copies of documentary or other evidence that may be offered at the disciplinary or disability hearing. (b) Exculpatory Evidence. At the same time the Commission Counsel provides the disclosures required under subsection (a) of this rule, the Commission Counsel shall also provide the Respondent with exculpatory evidence that he or she is aware of and that is relevant to the allegations contained in the Statement of Charges or in a defense thereto. (c) Other Forms of Discovery. The taking of depositions, serving of interrogatories, document requests, requests for admissions, and other discovery procedures authorized by the North Carolina Rules of Civil Procedure shall be permitted only by stipulation of the parties or by order of the Chairperson for good cause shown, and shall be completed in the manner and subject to any conditions as the Chairperson may prescribe. (d) Discovery Disputes. Disputes concerning discovery shall be determined by the presiding Chairperson or Vice-Chairperson, whose decision may not be appealed prior to the conclusion of the disciplinary or disability proceeding. (e) Failure to Disclose and Duty to Supplement. Upon the failure of either party to disclose information or evidence as required under subsections (a) and (b) of this rule, the opposing party may move the presiding Chairperson or Vice-Chairperson for an order compelling disclosure. A copy of the motion to compel shall be served on the opposing party and shall be heard before the presiding 21 TOC Rule 16 Chairperson or Vice-Chairperson, who shall decide the motion in his or her sole discretion. A willful or continuing failure to provide required disclosures may result in the exclusion of the testimony of the witness or of the documentary evidence that was not provided. Both the Commission Counsel and the Respondent shall have a continuing duty to supplement information required to be exchanged under this rule. History Note. 374 N.C. 960; 386 N.C. 974.