New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 200 - DEPARTMENT OF LABOR HEARINGS
Part Lab 205 - APPEALS TO THE COMPENSATION APPEALS BOARD
Section Lab 205.04 - Depositions

Universal Citation: NH Admin Rules Lab 205.04

Current through Register No. 40, October 3, 2024

(a) In any appeal proceeding before the compensation appeals board, the testimony of a medical witness may be presented by means of a stenographic or videotaped deposition. In all cases 3 copies of a stenographic deposition shall be provided to the panel.

(b) In order for a deposition of a non-medical witness to be admitted at the hearing on the merits the party seeking to take the deposition of a non-medical witness shall first submit a "Notice to take Deposition of a Non-Medical Witness" at least 10 days prior to the pre-hearing conference scheduled under Lab 205.06.

(c) The panel at a pre-hearing conference shall grant permission for the taking of a deposition of a non-medical witness only upon finding:

(1) That due to illness or injury it is not possible for the witness to appear in person at a hearing, or that the witness can not be subpoenaed to appear under the normal procedures set out in RSA 516, and a postponement or delay of the hearing until the witness can appear would be prejudicial to one or both parties to the hearing, or

(2) It is more likely to promote the just, accurate and efficient resolution of the pending dispute to allow the deposition of the non-medical witness.

(d) In all such cases, the panel conducting the hearing shall be provided with 3 copies of a stenographic deposition.

(e) Any party desiring to take deposition testimony for a hearing shall provide other parties to the proceeding with a notice at least 10 calendar days prior to the deposition stating the time, date and location of the deposition, the name of the person being deposed, and the name and address of the stenographer or person taking the videotaped deposition. All depositions shall be completed so that timely exchange of transcripts or videotaped materials may be made at least 14 calendar days before the scheduled hearing date.

(f) Depositions may be taken outside of the state of New Hampshire pursuant to RSA 517:15-18 if there is agreement by the parties or if a witness refuses to attend the deposition. Any records or reports to be introduced by the party taking the deposition shall be made available to other parties at the time of giving notice of the deposition.

(g)At the commencement of the deposition, the party taking the deposition shall state whose deposition it is, the name of the proceeding, where it is being taken, who the parties are that will be asking the questions, and the date and time of the deposition. Care shall be taken for videotaped depositions to have the witnesses speak slowly and distinctly and to make sure that papers are readily available for reference without undue delay and unnecessary noise. Counsel and witnesses shall comport themselves at all times as if they were appearing in person at an appeals hearing.

#8922-A, eff 7-1-07; ss by #9877, eff 2-25-11

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