New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 200 - RULES OF PRACTICE AND PROCEDURE
Part Tra 202 - ADJUDICATIVE PROCEEDINGS
Section Tra 202.17 - Prehearing Exchange of Information

Universal Citation: NH Admin Rules Tra 202.17

Current through Register No. 40, October 3, 2024

(a) Unless a different time is set forth in a prehearing conference order, one week prior to the commencement of a hearing the parties shall exchange the following:

(1) A list identifying each witness expected to be called at the hearing with a brief description of that witness's testimony;

(2) A list of all exhibits expected to be presented at the hearing; and

(3) Any requests for changes to the procedures specified in these rules or other matters concerning the conduct of the hearing.

(b) If a party wishes to obtain information directly related to the matter from another party, the requesting party shall request the information in writing.

(c) A party receiving a request for information pursuant to (b), above, shall respond to the request within 10 days by:

(1) Providing the information requested;

(2) Explaining in writing that the information will not be provided because the party believes it to be:
a. Confidential;

b. Privileged;

c. Not directly related to the matter at hand; or

d. Excessively burdensome to produce; or

(3) Identifying a date and time when the information can be made available for inspection, which date and time shall be sufficiently in advance of the hearing on the matter that the information can be reasonably reviewed prior to the hearing.

(d) A party who has requested information that is not provided may, by motion, request the presiding officer to compel the party of whom the information was requested to provide the information.

(e) No motion to compel an exchange of information shall be accepted within 5 days before a scheduled hearing unless the presiding officer determines that the party requesting the information could not by the exercise of reasonable diligence have discovered the existence of the information within the time ordinarily allowed to request the information.

(f) Any party who objects to the disclosure of information which is sought to be exchanged may request by motion, or objection to a motion to compel, an order which

(1) Protects the information from disclosure or redisclosure;

(2) Limits the scope of the information to be exchanged; or

(3) Otherwise restricts the use of information by the party to who disclosed.

(g) If, after notice and an opportunity to be heard, the presiding officer finds that a party has failed to exchange information in accordance with orders issued in the proceeding, appropriate sanctions shall be imposed against the party in violation of the order, including:

(1) Delaying or adjourning the hearing until the information is provided;

(2) Ruling that such information shall not be admissible at the hearing on the matter or in any subsequent proceeding on the matter, unless the information is already a matter of public record; or

(3) Noting the facts upon the record, and entering a decision on the merits finding in favor of the requesting party, and adverse to the party in violation.

#7927-A, eff 7-26-03

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.