N.M. Code R. § 20.11.80.14 Discovery

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.14
• Year: 2023

Formal discovery is not a right in an administrative enforcement procedure and, therefore, is discouraged. If a party wishes to conduct discovery in addition to the methods of discovery provided in 20.11.80.14 NMAC, additional discovery shall only be allowed by order of the hearing officer.

A. Scope of discovery:

(1) Criteria: Discovery of information that is not privileged or exempt may be permitted if (a) the discovery will not unreasonably delay the proceeding; (b) the information to be obtained is not unreasonably cumulative or duplicative, or not otherwise reasonably obtainable elsewhere; (c) the discovery is not unreasonably burdensome; and (d) there is a substantial reason to believe that the information sought will be admissible at the hearing or will be likely to lead to the discovery of admissible evidence.

(2) Request Unless otherwise directed by the hearing officer, a party requesting discovery shall:(a) serve the discovery request directly upon the party from whom discovery is sought; and (b) file a notice with the hearing clerk; the notice shall include the caption or heading required by Subsection J of 20.11.80.12 NMAC and state the date of service of the discovery request, the type of discovery sought and the party from whom discovery is sought.

(3) Response to discovery request A party responding to a discovery request shall (a) serve the response, including any objections, upon the party making the discovery request; and (b) file a notice with the hearing clerk; the notice shall include the caption or heading required by Subsection J of 20.11.80.12 NMAC and state the date of service of the response, the type of discovery request being responded to and the party upon whom the response was served.

(4) Continuing obligation to supplement responses: Every party from whom discovery is sought has a continuing obligation, subject to any objections interposed that are not overruled by the hearing officer, to supplement responses with relevant information obtained after service of the initial response and any previous supplemental responses. Unless otherwise ordered by the hearing officer supplemental responses shall be served as soon as practical, but no later than five days after the information became available. If the information becomes available fewer than five days before the hearing or during the hearing, the information shall be brought to the attention of the hearing officer for direction and ruling on use of the information.

(5) Privilege: A list of privileged or exempt documents, identified by titles, author, date and privilege or protection claimed, shall be provided in response to...