37 CFR 11.52 — Written discovery

37 CFR 11.52 — Written discovery.

(1) A reasonable number of requests for admission, including requests for admission as to the genuineness of documents;

(2) A reasonable number of interrogatories;

(3) A reasonable number of documents to be produced for inspection and copying; and

(4) A reasonable number of things other than documents to be produced for inspection.

(b) The motion shall include a copy of the proposed written discovery requests and explain in detail, for each request made, how the discovery sought is reasonable and relevant to an issue actually raised in the complaint or the answer. Any response shall include specific objections to each request, if any. Any objection not raised in the response will be deemed to have been waived.

(c) The hearing officer may authorize any discovery requests the hearing officer deems to be reasonable and relevant. Unless the hearing officer orders otherwise, within 5 days of the hearing officer authorizing any discovery requests, the moving party shall serve a copy of the authorized discovery requests to the opposing party and, within 30 days of such service, the opposing party shall serve responses to the authorized discovery requests.

(1) Will be used by another party solely for impeachment;

(2) Is not available to the party under 35 U.S.C. 122 ;

(3) Relates to any other disciplinary proceeding before the Office;

(4) Relates to experts;

(5) Is privileged; or

(6) Relates to mental impressions, conclusions, opinions, or legal theories of any attorney or other representative of a party.

(1) Will unduly delay the disciplinary proceeding;

(2) Will place an undue burden on the party required to produce the discovery sought; or

(i) Generally to the public,

(ii) Equally to the parties, or

(iii) To the party seeking the discovery through another source.

(f) A request for admission will be deemed admitted if the party to whom the request is directed fails to respond or object to the request within the time allowed.

(1) A list (together with a copy) of all proposed exhibits to be used in connection with a party’s case-in-chief;

(2) A list of proposed witnesses;

(i) An identification of the field in which the individual will be qualified as an expert,

(ii) A statement as to the subject matter on which the expert is expected to testify,

(iii) A complete statement of all opinions to which the expert is expected to testify and the basis and reasons for them, and

(4) Copies of memoranda reflecting respondent's own statements to administrative representatives.

[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; revised, 86 FR 28442, May 26, 2021, effective June 25, 2021; paras. (a) and (b) revised, paras. (c) through (f) redesignated as paras. (d) through (g), para. (c) added, newly redesignated para. (d) revised, 88 FR 45078, July 14, 2023, effective Aug. 14, 2023]

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