1. (a) Discovery sequence.

   1. (1) Any party may conduct discovery in any sequence by any method permitted under this subpart.
   2. (2) The fact that a party is conducting discovery shall not operate to delay discovery by another party unless the Arkansas Public Service Commission orders otherwise.
2. (b) Discovery initiation. Unless otherwise ordered, a party may initiate discovery at any time up to thirty (30) days before the hearing on the merits provided that responses or objections shall be due and depositions shall be completed no later than fifteen (15) days before the hearing on the merits.

3. (c) Time within which to respond or object.

   1. (1) The party upon whom discovery is sought shall serve a written response or objection within fifteen (15) days after service of the discovery.
   2. (2) Responses or objections to requests for admission shall be filed within the fifteen-day period.
   3. (3) The Arkansas Public Service Commission may prescribe a shorter or longer time.
   4. (4) Any objections shall state the specific reasons for such objection.

4. (d) Service and format.

   1. (1) Discovery documents shall, to the greatest extent possible, be served electronically pursuant to 23 CAR § 462-307.
   2. (2) Attachments to documents shall be provided in native electronic format with formulae and viable links intact.

   3. (3)

      1. (A) Any discovery document served electronically or by facsimile after Arkansas Public Service Commission business hours but before midnight or received on a nonbusiness day shall be deemed served on persons on the official service list with electronic mail on the next business day.
      2. (B) Any discovery document served electronically or by facsimile between midnight and the beginning of Arkansas Public Service Commission business hours on a business day shall be deemed filed and served on persons on the official service list with electronic mail on that business day.
      3. (C) Any discovery document served by other means of service (personal delivery, mail, commercial delivery service) shall be deemed served pursuant to 23 CAR § 462-307.
5. (e) Filing discovery. Except as provided in 23 CAR §§ 462-301(i) and 462-511, discovery documents shall not be filed.
6. (f) Protected information. Any information submitted pursuant to discovery that is subject to a protective order shall comply with this part concerning form requirements for protected information.

Codification Notes: This section was promulgated as Rule 5.05 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.