22-619 . Hearings; powers of board

     A. Powers specified. In connection with any hearing held pursuant to these rules, the board may be advised by counsel and require the certified court reporter or certified court monitor to produce relevant books, papers, documents, tapes, logs and other evidence; issue oaths or affirmations to witnesses; examine witnesses; and shall have the authority to direct a continuance of any case. The board may also order and hold conferences before or during the hearing for the settlement or simplification of the issues.
     B. Subpoena. At the request of any party, the board chairperson may issue a subpoena for the appearance of any witness at any hearing.
     C. Enforcement. If any person fails to comply with a subpoena issued by the board chairperson in accordance with the provisions of this rule or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, at the request of the officer issuing the subpoena, the board may apply to the Supreme Court for an order directing that person to take the requisite action. The Supreme Court may issue such order or may quash the subpoena. Should any person willfully fail to comply with an order of the Supreme Court, the Court may punish such person for contempt of court. Any person who has been served with a subpoena pursuant to this rule may apply to the Supreme Court for an order to quash such subpoena.

[Approved, effective January 1, 1983; as amended, effective February 16, 2004.]


Board Governing the Recording of Judicial Proceedings (CCR Board) P.O. Box 65157 Albuquerque NM 87193-5157 (505) 269-2669, email: ccr@ccrboard.com

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