N.M. Admin. Code § 11.5.5.607

Current through Register Vol. 36, No. 1, January 14, 2025

Section 11.5.5.607 - OTHER DISCOVERY

A. Additional discovery not favored: Discovery not specifically provided for under this Part, including any discovery to be conducted prior to the conclusion of the informal administrative review, shall be permitted only upon determination by the hearing officer that:

(1) such discovery will not unreasonably delay the proceeding;

(2) the information to be obtained is not otherwise reasonably obtainable, may be lost, or may become unavailable because of physical illness or infirmity;

(3) 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; and

(4) if the party seeking to conduct the discovery seeks to do so prior to conclusion of the informal administrative review, that there is good cause to allow the discovery at that time.

B. Motion for additional discovery: Any party to the proceeding desiring an order of discovery shall file a motion therefor setting forth:

(1) the circumstances warranting the taking of the discovery;

(2) the nature of the information expected to be discovered; and

(3) the proposed time and place where the discovery will be taken.

C. Order for additional discovery: Upon determining that a motion for additional discovery should be granted, the hearing officer shall issue an order for the taking of such discovery together with any conditions and terms of the additional discovery.

N.M. Admin. Code § 11.5.5.607

1/1/94; Recompiled 11/30/01