(a) Unless otherwise agreed to at a prehearing conference, the parties shall exchange the following information not less than one week prior to the hearing in the appeal:
- (1) A list of witnesses expected to testify, including a brief description of each witness’s testimony; and
- (2) A list of all exhibits to be presented at the hearing.
- (b) Parties shall attempt in good faith to respond in a complete and timely manner to requests for relevant, nonprivileged information and documents in addition to the disclosures required under paragraph (a) above.
- (c) If good faith efforts to exchange information pursuant to paragraph (b) above fail, any party may request that the presiding officer issue a subpoena pursuant to RSA 21-M:3, X. A request for a subpoena shall comply with Ec-Wst 203.04.
(d) Within 7 days of receiving a request for a subpoena, the presiding officer shall:
- (1) Grant the request and issue a subpoena, if he or she determines that the information or document is relevant to the appeal and is not confidential, privileged, or excessively burdensome; or
- (2) Deny the request.
Source. (See Revision Note at chapter heading for Ec-Wst 200) #13659, eff 6-16-23