New Hampshire Code of Administrative Rules
Adm - Commissioner, Department of Administrative Services
Chapter Adm 200 - PROCEDURAL RULES
Part Adm 210 - REQUESTS FOR INFORMATION AND DOCUMENTS
Section Adm 210.03 - Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits

Universal Citation: NH Admin Rules Adm 210.03

Current through Register No. 13, March 27, 2025

(a) At least 5 days before the hearing, 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 would be prohibited by law, in which case such document may be withheld or redacted as required; 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 intervernors; 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 subparagraphs (a) (1), (2) and (3) 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 his or her mandatory disclosure, but such witnesses and documents shall be available for utilization by 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 he or she concludes is required for the just, accurate and efficient resolution of the case, such as:

(1) Exclusion of some or all of the testimony, document or exhibit from evidence;

(2) Admission of some or all of the testimony, document or exhibit 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.

#8908, eff 9-22-07

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