New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.606 - DEPOSITIONS
Universal Citation: 11 NM Admin Code 11.5.5.606
Current through Register Vol. 35, No. 18, September 24, 2024
A. Discovery depositions: Discovery depositions shall not be allowed except by order of the hearing officer pursuant to the provisions set forth in Section 607 [now 11.5.5.607 NMAC].
B. Depositions to preserve evidence: Any party may, for the purpose of preserving evidence, take the deposition of any person who would otherwise be called to testify at the hearing if the party taking the deposition reasonably believes that the deponent is likely to be unavailable at the hearing, within the meaning of SCRA 1986, 11-804.A.
(1) Any
party who intends to take a deposition as authorized by this Subsection shall
serve a notice of deposition on each other party, stating the name of deponent;
the date, time and place of the deposition; and the grounds for believing the
deponent is likely to be unavailable at the hearing. In addition, the party
intending to take the deposition shall have the deponent served with a
subpoena, except that no subpoena shall be required for any person who is a
party or an officer, agent or employee of a party.
(2) Any party or the deponent may move for a
protective order at any time within five (5) days after service of a notice of
deposition or a subpoena, or at any time prior to the beginning of the
deposition if the deposition is set for a time less than five (5) days after
service of the notice of deposition or the subpoena.
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