Administrative Litigation Functions

During discovery and/or at the hearing, all participants in a proceeding may ask the ALJ to issue a subpoena requiring a witness to appear, testify and/or produce documents.

After the judge signs the subpoena, it will be emailed to the requestor. Please note that subpoenas no longer require a seal or signature of the Secretary of the Commission.

Subpoena Duces Tecum: [PDF]

Return of Service Form: [PDF]

These discovery time standards are intended to align discovery process time frames with the new time standards for hearing cases. In some cases, particularly Track One proceedings, shorter periods for discovery events may be required. In other cases, there may be good reasons for providing more time for these discovery events. In either case, the judge will have the discretion to adjust these time frames as required to meet the needs of the case.

1. Discovery shall commence immediately upon designation of a Presiding Judge. Discovery shall take place on a rolling schedule, with parties required to make their best efforts to respond fully within ten business days from date of service of the discovery request.
2. If the recipient of the discovery request is unable to respond fully within the designated period, the recipient must notify the requesting party within five business days of the date of service of the request, providing an explanatory statement and a date when the request will be answered.
3. Objections to discovery requests must be made within five business days of the date of service of the discovery request.
4. Parties are expected to attempt to resolve discovery disputes among themselves.
5. Motions to compel shall be filed within five business days of the date of service of the objections. Such motions should include only:
   • A short statement supporting the motion, which identifies the issues and the movant's position.
   • A copy of the pertinent data requests and the written objections to production.
   • A statement explaining the efforts made to resolve the dispute.
6. Oral argument (if required) will be scheduled to be held within seven business days of the receipt of the motion to compel. The time period provided in the rules of practice and procedure for answers to motions will be shortened so that answers (unless waived) will be due five business days after the motion is filed, or, if oral argument is set, two business days before the oral argument.
7. Discovery shall be completed no less than five business days before the date set for hearing.

Proceedings Set for Hearing, Other Than Complaints

(All times run from order designating Presiding Judge)

Notes:

1. These times standards apply unless the Commission order directs otherwise.
2. Merger cases set for hearing will be processed within these timelines, consistent with the Commission's merger policy, which states that it will be able to issue a final order on most applications within 12 to 15 months from the date a complete application is filed.
3. Requests for modification are to be directed to the Chief Judge.

Complaint Proceedings

(All times run from Commission Order setting hearing)