N.M. Admin. Code § 19.25.2.17

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.25.2.17 - DISCOVERY

No discovery shall be had on the state engineer, a hearing examiner, or ADR officer in proceedings before the hearings unit. The hearings unit favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the parties for this exchange.

A. Types of discovery. Discovery shall include all depositions, written interrogatories, requests for production of documents, and requests for admissions. Parties shall have the right to take the testimony of any witnesses by deposition and may seek a subpoena for the attendance of witnesses and the production of documents or records. Parties shall make a good-faith effort to obtain public records through the relevant agency's open records process prior to requesting production of such documents from other parties.

B. Filing and service, and limitations. Discovery requests and responses, or objections thereto, and deposition transcripts, shall not be routinely filed with the hearings unit; provided however that the party making a discovery request shall file a certificate of service with the hearings unit. Interrogatories, requests for production or inspection of documents, requests for admissions and other written discovery requests shall be served upon the party to which such discovery is directed and all other parties requesting such service. Any given discovery request shall be limited to no more than a total of 50 interrogatories, requests for production of documents, and requests for admissions, including subparts, which shall be separately counted toward the limit of 50. Parties desiring copies of the written discovery materials of other parties may request copies from either party, subject to the requesting party's agreement to pay the reasonable costs of reproduction.

C. Responses, objections and supplementation. Written answers or responses to discovery requests shall be served within 30 days of service of the discovery requests, unless otherwise directed by the hearing examiner or agreed to by the parties. Written answers or responses to discovery requests shall be verified by the person providing the answer or response. Objections shall identify the request objected to and shall state with particularity the factual and legal basis for the objections, and the response to the request shall be deferred until a determination has been made on such objections. A party who has responded to a request for discovery shall reasonably and promptly amend or supplement a previous response if he subsequently obtains information which would have been responsive if the information had been available at the time the response was served.

D. Motions to compel. Parties are expected to engage in discovery in good faith for the purpose of fair and efficient presentation of evidence at hearing, and they are expected to make every good faith effort to resolve discovery disputes informally. A party may move for an order compelling discovery only if the movant has made a good faith effort to resolve the dispute and was unable to do so. Any motion for an order compelling discovery shall document the good faith efforts taken by the movant to resolve the dispute, and shall include copies or complete restatements of the discovery requests or notices to which the movant seeks compelled responses, along with copies of any responses or objections to the subject discovery requests or notices, and any other pertinent materials.

E. Order for protection of parties, or witnesses. The hearing examiner may issue such orders for the protection of parties or witnesses from annoyances, embarrassment, or oppression as may be just and proper under the circumstances. If the hearing examiner determines that a party has not acted in good faith in propounding, undertaking, responding to, or otherwise participating in the discovery process, the order may include, but is not limited to, the exclusion of evidence, limitation of issues, or dismissal of a party.

N.M. Admin. Code § 19.25.2.17

19.25.2.17 NMAC - Rp, 19 NMAC 25.2.9, 8-30-2013