N.H. Admin. Code § Rko 213.07 - Motions to Compel Production of Information and Documents

(a) Any party or intervenor in a case may make a motion seeking an order for compliance with an information or document request made to another party or intervenor in that case.

(b) The motion shall be filed at least 30 days before the date scheduled for a hearing, or as soon as possible after receiving the notice of the hearing, if such notice is issued less than 30 days in advance of the hearing.

(c) A motion to compel shall:

(1) Set forth in detail those facts which justify the request for the information or documents, together with its intended use at the hearing; and

(2) List with specificity the information or documents being sought.

(d) Objections to motions to compel shall be filed within 10 days of the delivery of the motion, or as soon as possible prior to the hearing if the motion was received less than 10 days before the hearing.

(e) The presiding officer shall grant the motion to compel if its proponent has demonstrated that:

(1) An order for compliance is necessary for a full and fair presentation of evidence at the hearing;

(2) The disclosure is not otherwise precluded by law or by rules of privilege recognized in the state of New Hampshire;

(3) The motion is not a reiteration of any request which gave rise to the case under consideration; and

(4) The request is not intended to substitute for a new or expanded request under RSA 91-A.

(f) The presiding officer shall take such action in regard to a failure to comply with an order for compliance as he or she may take for a failure to make mandatory disclosures under Rko 213.04.

Notes

N.H. Admin. Code § Rko 213.07

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.