Discovery Procedures Sample Clauses

Discovery Procedures. At any time after a formal, written grievance has been properly filed with an agency, the employee and/or the agency may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending appeal by utilization of one or more the following methods: requests for depositions; requests for interrogatories; requests for production of documents or things; requests for permission to enter agency premises for purpose of inspection; requests for admissions. All discovery requests are subject to the following provisions: Requests for discovery shall be addressed to the party from which the discovery is sought. Discovery requests must be provided in writing within ten (10) work days of receipt of request, unless objections are entered. Objections to such requests may be made only to the hearing officer or arbitrator within five (5) work days of receipt of the request. The hearing officer or arbitrator shall affirm or deny such objections within ten (10) work days of receipt of the objections and shall establish time limits for response when objections are denied. Within five (5) work days of receipt of the discovery requested, the requesting party shall notify the answering party of any failure on the part of the answering party to properly respond to the request. Except where objections to discovery requests are sustained, the failure to respond to any discovery requests may result in the answering party being denied the right to introduce the requested evidence or such other remedy as is deemed appropriate. Disputes concerning the discovery process shall be decided by the Employee Relations Division Administrator or where applicable by the hearing officer or other duly appointed person if so appointed at the time of the dispute. Such person shall have the authority to make rulings on objections to discovery by the parties, to issue subpoenas for testimony of witness or for the production of documents. Disputes or objections concerning discovery or the discovery process shall be decided by reference to the Nebraska Supreme Court Discovery Rules, the Nebraska Rules of Evidence, and Nebraska Supreme Court case law.
Sample 1Sample 2Sample 3See All (13)
AutoNDA by SimpleDocs
Discovery Procedures. The procedures for the arbitration of a dispute shall include adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of documents and other things, and inspection of land and tangible items. The nature and extent of such discovery shall be determined as provided herein and shall take into account (i) the complexity of the dispute, (ii) the extent to which facts are disputed, and (iii) the amount in controversy. The forms and methods for taking such discovery shall be as described in the Federal Rules of Civil Procedure, except as modified by the procedures established by the Alternate Dispute Resolution Committee, the arbitrator(s) or agreement of the parties.
Sample 1Sample 2Sample 3See All (6)
Discovery Procedures. The procedures for the arbitration of a dispute shall include adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of documents and other things, the presentation of evidence, the taking of samples, conducting of tests, and inspection of land and tangible items. The nature and extent of such discovery shall be determined as provided herein and shall take into account (i) the complexity of the dispute, (ii) the extent to which facts are disputed, (iii) the extent to which the credibility of witnesses is relevant to a resolution, and (iv) the amount in controversy. The forms and methods for taking such discovery shall be as described in the Federal Rules of Civil Procedure, except as modified pursuant to Section 1.5.4.
Sample 1Sample 2Sample 3See All (5)
Discovery Procedures. After the appointment of the arbitrator, the parties shall have the right to take depositions and to obtain discovery consistent with the Federal Rules of Civil Procedure by other means regarding the subject matter of the arbitration as if the matter were pending in the U.S. District Court sitting in Wilmington, Delaware. The arbitrator may, for good cause shown, limit the nature and extent of such discovery and establish or modify the schedule relating to any discovery requests or applications relating thereto. The arbitrator shall have the power to decide all other procedural issues, including the following: the date, time and place of any hearing; the form, timing, and subject matter of any pre-hearing documents to be submitted by the parties; and any evidentiary or procedural issues that may arise at or in connection with any arbitration hearing. All discovery conducted in connection with an Arbitration Dispute shall be subject to the confidentiality provisions set forth in Section 11.17.
Sample 1Sample 2Sample 3
Discovery Procedures. Unless otherwise agreed to by all parties or ordered by the arbitration panel, discovery shall be limited in the arbitration to the following:
Sample 1Sample 2Sample 3
Discovery Procedures. Adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of relevant documents and other things, the presentation of evidence, the taking of samples, conducting of tests, and inspection of land and tangible items shall be granted by the arbitrator(s). When deciding the nature and extent of such discovery, the arbitrator(s) shall take into account (a) the complexity of the dispute, (b) the extent to which facts are disputed, (c) the extent to which the credibility of witnesses is relevant to a resolution, and (d) the amount in controversy. Discovery disputes shall be resolved by the arbitrator(s) by telephonic means or other means determined by the arbitrator(s).
Sample 1Sample 2Sample 3
Discovery Procedures. The following procedures will be followed in the event of an unanticipated discovery of a cultural resource during construction activities, or during operation of the SpaceX Texas Launch Site, as defined in 36 CFR §800.13. For the purposes of this plan, an “unanticipated discovery” is defined as the unexpected revelation of concentrated associations of cultural materials and/or human remains within a limited area that meet the definition of an archaeological site in Chapter 26 of the Antiquities Code of Texas. Widely scattered, isolated occurrences of cultural materials that are characterized by solitary artifacts or sparse, insignificant groupings of artifacts within a given space are considered isolated finds. These types of finds lack the capacity to yield information important to human history and cultures. Any discoveries a qualified professional determines as meeting the definition of an isolated find will not be considered discoveries and will only be subject to the following initial procedures for unanticipated discoveries. A variety of cultural resources could be inadvertently discovered during construction activities at the vertical launch and control center areas based on the known cultural history of the area and identified cultural resources located nearby. All ground-disturbing activities will be within the direct APE; the contractor will not conduct any ground-disturbing activities outside of this APE, including the grading of access roads or at material borrow or disposal sites. Prehistoric resources may include, but not be limited to, resource procurement sites, open camps, and burials. Anticipated historic resources include military camps, battle sites, unmarked xxxxxx, homesteads and ranches, dumps, and trash scatters. The remains of a late 19th or early 20th century homestead or ranch (41CF217) was previously documented at the west end of the proposed vertical launch area. Additional cultural materials associated with this site, such as metal, glass, and ceramic artifacts as well as scattered building materials, are likely to be uncovered during ground disturbing activities. Building foundations or structural remains, while not identified during the 2013 archaeological survey of the vertical launch area, also could be present within the construction area. If additional cultural materials similar to that found previously associated with Site 41CF217 are uncovered during construction, they will not be considered a discovery and the proced...
Sample 1
AutoNDA by SimpleDocs
Discovery Procedures. To effectuate the purpose of the statute, the parties agree that Education Law Section 3020-a authorizes the following in advance of the hearing: Both sides will exchange witness lists, witness statements, and physical evidence (e.g., photographs) at least before the presentation of their direct case and earlier upon motion to the arbitrator. The Respondent shall receive copies of investigatory statements, notes, other exculpatory evidence, and relevant student records after and subject to in camera review. The Board shall receive evidence and documents from the respondent upon a showing during the hearing that it is relevant. Additionally, if the case has stemmed from an investigation conducted by the Special Commissioner of Investigation (SCI), the Board will provide the entire SCI file to Respondent, including exculpatory evidence, during the discovery phase of the 3020-a hearing unless such information is privileged. Failure to do so shall form the basis of such evidence being precluded from introduction in the 3020-a proceedings. This provision remains subject to the Family Educational Rights and Privacy Act.
Sample 1

Related to Discovery Procedures

  • Reply Procedures In connection with any Auction, each Lender holding the relevant Term Loans subject to such Auction may, in its sole discretion, participate in such Auction and may provide the Auction Agent with a notice of participation (the “Return Bid”) which shall be in a form reasonably acceptable to the Auction Agent, and shall specify (i) a discount to par (that must be expressed as a price at which it is willing to sell all or any portion of such Term Loans) (the “Reply Price”), which (when expressed as a percentage of the par principal amount of such Term Loans) must be within the Discount Range and (ii) a principal amount of such Term Loans, which must be in whole increments of $1,000,000 (or, in any case, such lesser amount of such Term Loans of such Lender then outstanding or which is otherwise reasonably acceptable to the Auction Agent) (the “Reply Amount”). Lenders may only submit one Return Bid per Auction, but each Return Bid may contain up to three bids only one of which may result in a Qualifying Bid. In addition to the Return Bid, the participating Lender must execute and deliver, to be held in escrow by the Auction Agent, an Assignment and Assumption with the dollar amount of the Term Loans to be assigned to be left in blank, which amount shall be completed by the Auction Agent in accordance with the final determination of such Lender’s Qualifying Bid pursuant to clause (c) below. Any Lender whose Return Bid is not received by the Auction Agent by the Auction Response Date shall be deemed to have declined to participate in the relevant Auction with respect to all of its Term Loans.

  • Billing Procedures (a) PROVIDER agrees all claims shall be submitted to OHCA in a format acceptable to OHCA and in accordance with the OHCA Provider Manual.

  • Review Procedures The Parties agree to jointly conduct a review, sampling transactions of the incidents managed under this Agreement. Findings that are inconsistent with the normal or accepted way of doing business will be reconciled on a case by case basis. Any decision to further examine records will be considered on a case by case basis and appropriate follow up action agreed upon by all agencies involved. Payment for Protection Services (use if appropriate) Geographic, Statewide or Sub-Geographic (local) operating plans and procurement documents or agreement will establish billing procedures for Fee Basis Protection Services.

  • New Procedures New procedures as to who shall provide certain of these services in Section 1 may be established in writing from time to time by agreement between the Fund and the Transfer Agent. The Transfer Agent may at times perform only a portion of these services and the Fund or its agent may perform these services on the Fund's behalf;

  • Reporting Procedures Enter in the XXX Entity Management area the information that XXX requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through XXX because you were required to do so under Federal procurement contracts that you were awarded.

  • Transition Procedures Upon the expiration or termination of the Term of this Lease, for whatever reason (other than a purchase of the Leased Property by Lessee), Lessor and Lessee shall do the following (and the provisions of this Section 2.3 shall survive the expiration or termination of this Lease until they have been fully performed) and, in general, shall cooperate in good faith to effect an orderly transition of the management and/or lease of the Hotel:

  • OPERATIONAL PROCEDURES In order to minimize operational problems, it will be necessary for trade information to be supplied in a secure manner by the Subadviser to the Fund’s Service Providers, including: JPMorgan Chase Bank, National Association (the “Custodian”), Virtus Fund Services (the “Fund Administrator”) BNY Mellon Investment Servicing (US) Inc., (the “Sub-Accounting Agent”), any Prime Broker to the Series, and all other Counterparties/Brokers as required. The Subadviser must furnish the Fund’s service providers with required daily information as to executed trades in a format and time-frame agreed to by the Subadviser, Custodian, Fund Administrator, Sub-Accounting Agent and Prime Broker/Counterparties and designated persons of the Fund. Trade information sent to the Custodian, Fund Administrator, Sub-Accounting Agent and Prime Broker/Counterparties must include all necessary data within the required timeframes to allow such parties to perform their obligations to the Series. The Sub-Accounting Agent specifically requires a daily trade blotter with a summary of all trades, in addition to trade feeds, including, if no trades are executed, a report to that effect. Daily information as to executed trades for same-day settlement and future trades must be sent to the Sub-Accounting Agent no later than 4:30 p.m. (Eastern Time) on the day of the trade each day the Fund is open for business. All other executed trades must be delivered to the Sub-Accounting Agent on Trade Date plus 1 by Noon (Eastern Time) to ensure that they are part of the Series’ NAV calculation. (The Subadviser will be responsible for reimbursement to the Fund for any loss caused by the Subadviser’s failure to comply with the requirements of this Schedule A.) On fiscal quarter ends and calendar quarter ends, all trades must be delivered to the Sub-Accounting Agent by 4:30 p.m. (Eastern Time) for inclusion in the financial statements of the Series. The data to be sent to the Sub-Accounting Agent and/or Fund Administrator will be as agreed by the Subadviser, Fund Administrator, Sub-Accounting Agent and designated persons of the Fund and shall include (without limitation) the following:

  • Mandatory Procedures The parties agree that any dispute arising out of or relating to this Agreement shall be resolved solely by means of the procedures set forth in this Article, and that such procedures constitute legally binding obligations that are an essential provision of this Agreement. If either party fails to observe the procedures of this Article, as may be modified by their written agreement, the other party may bring an action for specific performance of these procedures in any court of competent jurisdiction.

  • Cooperation Procedures The Seller shall, in connection with the delivery of each Qualified Replacement Mortgage to the Custodian, on behalf of the Indenture Trustee, provide the Indenture Trustee with information set forth in the Schedules of Home Equity Loans with respect to such Qualified Replacement Mortgage.

Time is Money Join Law Insider Premium to draft better contracts faster.