N.H. Admin. Code § Rko 213.04

Current through Register No. 36, September 5, 2024

Section 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.

N.H. Admin. Code § Rko 213.04

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