Cal. Civ. Code § DWD 220.18
Pre-hearing discovery.
Operative Text
DWD 220.18 Pre-hearing discovery. (1) When discovery may begin. Discovery may not be used prior to the time that a matter is certified to hearing, except that the taking and preservation of evidence shall be permitted prior to certification to hearing under the circumstances set forth in s. 227.45 (7), Stats. (2) Discovery directed to a party not represented by legal Counsel. In the case of discovery directed to a party who is not represented by legal counsel, the party seeking that discovery shall, not less than 10 days prior to conducting such discovery, state in writing that it intends to seek discovery. The party seeking discovery shall send this notice to the party who is not represented by legal counsel and to either the chief of the hearing section or the administrative law judge, if one has been assigned to the case. All copies of demands for discovery and notices of depositions shall be filed with the department at the time they are served upon the party from whom the discovery is sought. Copies of responses to discovery by an unrepresented party and the original transcript of any deposition of an unrepresented party shall be filed with the department by the party which instituted those discovery requests as soon as practicable after the discovery has been taken. (3) Scope, method and use of discovery. The scope of discovery, the methods of discovery and the use of discovery at hearing shall be the same as set forth in ch. 804, Stats. (4) Failure to comply with discovery requests; duty to consult with opposing party. The administrative law judge may compel discovery, issue protective orders, and impose sanctions in the manner provided under ch. 804, Stats. All motions to compel discovery or motions for protective orders shall be accompanied by a statement in writing by the party making the motion that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach agreement. The statement shall state the date and place of such consultation and the names of all parties participating in the consultation. (5) Filing with department. Copies of discovery requests and responses to discovery requests need not be filed with the division, except as required under sub. (2).
Wisconsin Administrative Code § DWD 220.18 governs pre-hearing discovery in administrative proceedings before the Department of Workforce Development. Discovery generally cannot begin until a matter has been certified to hearing, though evidence may be preserved earlier under limited statutory circumstances. Once discovery is underway, its scope and methods follow the same rules as civil court discovery under Wisconsin Statutes Chapter 804, and an administrative law judge has authority to compel discovery, issue protective orders, and impose sanctions when parties fail to comply.
Plain English — not legal advice.
Property owners or managers involved in a DWD administrative proceeding should be aware that § DWD 220.18 sets the timeline and procedures for exchanging information before a hearing. A compliant party generally waits until a matter is certified to hearing before initiating discovery, provides the required 10-day written notice when seeking discovery from an unrepresented party, and makes a good-faith effort to resolve any discovery disputes directly with the opposing party before filing a motion to compel. Keeping records of consultation dates, locations, and participants helps satisfy the written-statement requirement if a motion becomes necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § DWD 220.18, tenants or other unrepresented parties in a DWD administrative proceeding have specific procedural protections: any party seeking discovery from someone without legal counsel must give at least 10 days' written notice and copy either the chief of the hearing section or the assigned administrative law judge. If a party believes discovery demands are improper or burdensome, the administrative law judge has authority to issue protective orders under the same standards used in Wisconsin civil courts. Tenants navigating these procedures may find it helpful to consult a tenant-rights organization or legal aid office familiar with DWD administrative proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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