R151-4-502. Scope of Discovery

  (1) Parties may obtain discovery regarding a matter that:

  (a) is not privileged;

  (b) is relevant to the subject matter involved in the proceeding; and

  (c) relates to a claim or defense:

  (i)(A) of the party seeking discovery; or

  (B) of another party;

  (ii) that is set forth in a pleading; and

  (iii) that is brought pursuant to a statement of fact, information, or belief.

  (2)(a) Subject to R151-4-502(3) and R151-4-504, a party may obtain discovery of documents and tangible things otherwise discoverable under R151-4-502(1) and prepared in anticipation of litigation or for hearing by or for another party or by or for that party's representative, including the party's attorney, consultant, insurer or other agent, only on a showing that the party seeking discovery:

  (i) has substantial need of the materials in the preparation of the case; and

  (ii) is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

  (b) In ordering discovery of materials described in R151-4-502(2)(a), the presiding officer shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney of a party.

  (3) Discovery of facts known and opinions held by experts, otherwise discoverable under R151-4-502(1) and acquired or developed in anticipation of litigation or for hearing, may be obtained only through the disclosures required by R151-4-504.