New Hampshire Code of Administrative Rules
Pub - Public Employee Labor Relations Board
Chapter Pub 200 - PRACTICE AND PROCEDURES
Part Pub 203 - CONDUCT OF HEARING
Section Pub 203.01 - Witnesses; Subpoenas; Exhibits

Universal Citation: NH Admin Rules Pub 203.01

Current through Register No. 12, March 21, 2024

(a) Not later than 10 days before the scheduled date of any hearing, the parties shall submit and exchange a list of all witnesses to be called to testify at the hearing and the purpose of their testimony and a list of exhibits. These requirements may be satisfied by a party's filing of witness and exhibit lists in a joint pre-hearing worksheet or according to a schedule otherwise ordered by the presiding officer.

(b) No employee serving as a witness or as counsel at a hearing shall suffer any loss of pay or benefits for having so appeared or served. In the case of such loss, a violation of RSA 273-A:5, I shall be presumed. However, any pay to which the witness may be entitled to under this paragraph may be reduced by the amount of any witness fee received.

(c) The presiding officer, on his or her own motion or at the request of a party or parties, shall sequester witnesses, when it shall assist the trier of fact.

(d) Upon written application, the board shall compel the attendance of witnesses and the production of documents by the issuance of subpoenas in the name of the board under RSA 273-A:6, IV provided .that the application:

(1) Identifies the witness and the witnesses' residential mailing address if known, or the witnesses' work address;

(2) Describes in detail any documents sought under a subpoena duces tecum and the name and residential or work address of the custodian of the requested documents; and

(3) Contains a clear and concise statement of the reason for making the application, including a description of the relevance of the witnesses' testimony or requested documents.

(e) A witness who is subpoenaed shall be paid fees as provided in RSA 516. Requirements for service and fees shall be borne by the party requesting the subpoena.

#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99

New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00; ss by #8426, eff 9-1-05; ss by #9441-A, eff 3-27-09

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