(1) The methods, scope and procedures of discovery are those governed and permitted by Rules 26 through 37 of the Montana Rules of Civil Procedure, recognizing that the commission or a hearing examiner are not permitted by law to make an award of attorney fees as a sanction for failure to make discovery.

(2) The hearing examiner or the commission may fix the time, places and methods of discovery by conference, prehearing order or otherwise, and may enter appropriate orders for violations of orders fixing discovery procedures.

(3) Depositions, interrogatories and answers to them, requests for production of documents and responses to them, and other discovery documents shall not be filed with the commission. A party who makes a motion referring to or supported by the product of discovery must support the motion by copies or verified abstracts of the discovery relied upon. A party who seeks to introduce the product of discovery as a part of the record must identify such documents in a prehearing memorandum or during the course of a prehearing conference. The use of depositions at hearing or in lieu of testimony by a witness shall be governed by the Montana Rules of Civil Procedure. Where portions of a deposition are necessary for consideration, the hearing examiner or the commission may order the preparation of excerpts of a deposition to avoid a bulky record or consideration of irrelevant or prejudicial matter.