N.H. Admin. Code § Rko 213.04 - Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits
(a) At least 5 days
before the hearing in an adjudicative proceeding, the parties and intervenors,
or their representatives, shall provide to the other parties and intervenors or
their representatives:
(1) A list of all
witnesses to be called at the hearing, containing the names of the witnesses,
their addresses and their telephone numbers;
(2) Brief summaries of the testimony of the
witnesses to be called;
(3) A list
of documents and other exhibits to be offered as evidence at the
hearing;
(4) A copy of each
document to be offered as evidence at the hearing, except to the extent that
disclosure of some or all of a document is claimed to be contrary to law, in
which case:
a. The document shall be
identified by name and date only; and
b. A ruling shall be sought from the
presiding officer on the document's use; and
(5) An offer to allow the inspection of
non-documentary exhibits to be offered as evidence at the hearing either:
a. At a time and in a place that is
convenient to the parties and intervenors; or
b. At a place that is convenient to the place
of the hearing, at a convenient time prior to the hearing.
(b) At least 5 days before the
hearing, the parties and intervenors shall provide to the presiding officer the
items listed in (a) above.
(c) To
the extent known to exist prior to the time of a hearing, disputes regarding
mandatory disclosures shall be presented to the presiding officer in advance of
the hearing.
(d) A party or
intervenor shall not be required to call a witness, or to submit a document or
exhibit, simply because that document or witness was listed on the person's
mandatory disclosure, but such witnesses and documents shall be available for
the immediate use of other parties, intervenors and the presiding officer at
the time of the hearing.
(e) The
presiding officer shall take such action in regard to a failure to comply with
mandatory disclosure requirements as the presiding officer concludes is
required for the just, accurate and efficient resolution of the case, such as:
(1) Exclusion of some or all of the testimony
or exhibits from evidence;
(2)
Admission of some or all of the testimony or exhibits into evidence;
(3) Admission of the testimony, document, or
exhibit into evidence with limitations;
(4) Allowance of another party or intervenor
to submit testimony, documents, or exhibits not contained or described in his
or her prehearing disclosures;
(5)
Allowance of a party or intervenor to recall a witness;
(6) Postponement or delay of the hearing;
or
(7) Any other action not
prohibited by law that would advance the just, accurate, and efficient
resolution of the matter.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.