N.M. Admin. Code § 19.25.2.16
Current through Register Vol. 35, No. 21, November 5, 2024
Section 19.25.2.16 - PROCEDURAL REQUIREMENTS AND DEADLINESA. Applicability of Rules of Civil Procedure. Conduct and procedure with respect to discovery and prehearing matters before the hearing unit shall be generally consistent with the New Mexico Rules of Civil Procedure for the District Courts, except as otherwise set forth in this rule or as otherwise permitted by the hearing examiner.B. Specificity of motions. All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion, state the relief sought, and state whether the motion is opposed or unopposed. An opposed motion shall state that consent of the other parties to the motion was sought and not obtained, or the reason such consent was not sought. An unopposed motion shall state that concurrence of all other parties was obtained. The moving party shall submit a proposed order approved by all parties for the hearing examiner's consideration.C. Deadline for response and reply to motions. Any party upon whom an opposed motion is served shall have 15 days to file a response. A non-moving party failing to file a timely response may be deemed to have waived any objection to the granting of the motion. The moving party may file a reply within 15 days after a response to a motion.D. Prefiled testimony and exhibits. The hearing examiner may require advance filing of certain exhibits (subject to objections), including but not limited to copies of the application, notice, expert reports or written testimony, locational photographs or maps, and any other exhibits which may aid in an efficient hearing process. Where a proceeding involves complex and technical issues to be presented through multiple witnesses, the hearing examiner may require the filing of written testimony by witnesses in advance of the hearing.N.M. Admin. Code § 19.25.2.16
19.25.2.16 NMAC - Rp, 19 NMAC 25.2.9, 8-30-2013