SECTION 460:2-5-6. Motion to compel discovery  


Latest version.
  • (a)   If a deponent fails to answer a question propounded, or a party upon whom a request is made pursuant to 460:2-5-11, or a party upon whom answers to interrogatories are served fails to adequately respond or objects to the request, or any party thereof, or fails to permit inspection as requested, the discovering party may move the hearing examiner for an order compelling a response or inspection in accordance with the request.
    (b)   The motion shall set forth:
    (1)   The nature of the questions or request;
    (2)   The response or objection of the party upon whom the request was served; and
    (3)   Arguments in support of the motion.
    (c)   For purposes of this section, an evasive answer or incomplete answer or response shall be treated as a failure to answer or respond.
    (d)   In ruling on a motion made pursuant to this section, the hearing examiner may make such a protective order as he is authorized to make on a motion pursuant to 460:2-5-3(d).