N.M. Admin. Code § 11.5.5.606

Current through Register Vol. 36, No. 1, January 14, 2025

Section 11.5.5.606 - DEPOSITIONS

A. Discovery depositions: Discovery depositions shall not be allowed except by order of the hearing officer pursuant to the provisions set forth in Section 607 [now 11.5.5.607 NMAC].

B. Depositions to preserve evidence: Any party may, for the purpose of preserving evidence, take the deposition of any person who would otherwise be called to testify at the hearing if the party taking the deposition reasonably believes that the deponent is likely to be unavailable at the hearing, within the meaning of SCRA 1986, 11-804.A.

(1) Any party who intends to take a deposition as authorized by this Subsection shall serve a notice of deposition on each other party, stating the name of deponent; the date, time and place of the deposition; and the grounds for believing the deponent is likely to be unavailable at the hearing. In addition, the party intending to take the deposition shall have the deponent served with a subpoena, except that no subpoena shall be required for any person who is a party or an officer, agent or employee of a party.

(2) Any party or the deponent may move for a protective order at any time within five (5) days after service of a notice of deposition or a subpoena, or at any time prior to the beginning of the deposition if the deposition is set for a time less than five (5) days after service of the notice of deposition or the subpoena.

N.M. Admin. Code § 11.5.5.606

4/25/78, 3/6/79, 1/1/94; Recompiled 11/30/01