N.H. Admin. Code § Per-A 206.09

Current through Register No. 45, November 7, 2024

Section Per-A 206.09 - Motions for Discovery

(a) Except as hereinafter provided, prehearing discovery shall be limited to the procedures set forth in Per-A 206.07 and Per-A 206.08.

(b) Either party may request that the board order formal discovery, including:

(1) Requests for admissions;

(2) Requests for production of documents;

(3) Interrogatories; and

(4) Depositions.

(c) The requesting party shall set forth in detail those factors that it believes support its request for additional discovery.

(d) The requesting party shall list, with specificity, those facts or documents it is seeking to discover.

(e) Discovery motions shall not be filed later than 10 days before a scheduled hearing.

(f) The board shall not grant requests for additional discovery under (b) above unless the board concludes that:

(1) The information requested is not privileged or prohibited from disclosure under statutory or case law; and

(2) The person making the request has established:

a.That he or she would be unable to sustain his or her burden under Per-A 207.01 or establish his or her specific defense to a relevant allegation without the additional formal discovery identified; and

b.That there exist exceptional circumstances beyond the control of the party, such as the unavailability of a witness.

N.H. Admin. Code § Per-A 206.09

(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08