Rule 5-502. Disclosure by the defendant.

A. Information subject to disclosure. Unless a shorter period of time is ordered by the court, within thirty (30) days after the date of arraignment or filing of a waiver of arraignment the defendant shall disclose or make available to the state the following: (1) books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody or control of the defendant, and which the defendant intends to introduce in evidence at the trial; (2) any results or reports of physical or mental examinations and of scientific tests or experiments, including all polygraph examinations of the defendant and witnesses, made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce in evidence at the trial or which were prepared by a witness whom the defendant intends to call at trial if the results or reports relate to his testimony; and (3) a list of the names and addresses of the witnesses the defendant intends to call at the trial, identifying any witnesses that will provide expert testimony and indicating the subject area in which they will testify, together with any statement made by the witness. B. Examination by state. The state may examine, photograph or copy any material disclosed pursuant to Paragraph A of this rule. C. Information not subject to disclosure. Except as to scientific or medical reports, this rule does not authorize the discovery or inspection of the following: (1) reports, memoranda or other internal defense documents made by the defendant, his attorneys or agents, in connection with the investigation or defense of the case; or (2) statements made by the defendant to his agents or attorneys. D. Obtaining expert evaluations, testing, or interviews without disclosure to the state. When the defendant is being held, pending trial, in the custody of the state at any correctional or detention facility the defendant may present to the court an ex parte motion for transport, certifying that evaluation, testing, or interviewing is reasonably necessary for the preparation of the defense. The motion shall be delivered directly to the chambers of the judge assigned to the case without filing it in the clerk’s office. (1) Ex parte motion and order requirements. The motion, and any resulting order that grants the motion, shall specify the following: (a) the detention facility or other appropriate law enforcement agency responsible for transporting the defendant; (b) the date and time when the defendant is to be taken to a secure, but private, location for whatever evaluation, testing or interviewing is to be done; and (c) the date and time that the defendant is to be returned to the detention facility. (2) Evaluation, testing or interviewing defined. As used in this rule, “evaluation, testing or interviewing” refers to performing expert consultations including but not limited to the following: (a) polygraph examinations; (b) medical, psychological or psychiatric testing; (c) evaluations and interviews; and (d) other types of forensic examinations. (3) Security considerations. The court shall give consideration to whether the location proposed by the defendant is appropriate, including whether the defendant can be appropriately secured by the transport officers without the officers being physically present while the defendant is being evaluated, tested or interviewed, and whether the defendant may have handcuffs or other restraints removed while the defendant completes the evaluation, testing or interviewing so long as the defendant is under the observation of one or more transport officers. (4) Ex parte hearing to address concerns. At any time after being presented with an ex parte motion under this paragraph, the court may conduct an ex parte hearing to address proposed security arrangements, expense involved, or other reasonable concerns. The state's participation in ex parte proceedings under this paragraph is neither required nor allowed. (5) Motion resolved by written order; disclosure restricted. An ex parte motion filed under this paragraph shall be resolved by written order. The motion, and resulting order, shall be filed in the clerk’s office by the district judge assigned to the case subject to the nondisclosure requirements in this subparagraph. To effectuate the nondisclosure provisions required by this subparagraph, the court’s order shall comply with Subparagraphs (3), (4), (5), and (6) of Paragraph G of Rule 5-123 NMRA. Any transport order granted under this rule shall direct that the transport officers are prohibited from disclosing anything about the contents or execution of the order not directly necessary to its execution. The motion and resulting order shall remain sealed and shall not be disclosed to anyone other than court personnel, the defendant, and defense counsel except that disclosure may be permitted under the following circumstances: (a) disclosure of the evaluation, testing, or interviewing is required by this rule; (b) the evaluation, testing or interviewing is used at trial; (c) the motion, resulting order, evaluation, testing, or interviewing is relevant to a habeas corpus proceeding; (d) the motion, resulting order, evaluation, testing, or interviewing is relevant to a legal malpractice or disciplinary proceeding filed against the defendant’s attorney; or (e) the motion, resulting order, evaluation, testing, or interviewing is ordered unsealed pursuant to Paragraph I of Rule 5-123 NMRA. E. Designation of potential expert witness. At any time after the filing of an indictment or information the defendant may file a notice designating by name a potential expert witness. Unless and until such designated potential expert is listed by the defendant as a potential witness pursuant to Subparagraph (3) of Paragraph A of this rule, the state shall not be entitled to interview the designated potential expert regarding the case, nor obtain opinions or documents from the designated potential expert regarding the case. F. Certificate of compliance. The defendant shall file with the clerk of the court at least ten (10) days prior to trial a certificate stating that all information required to be produced pursuant to Paragraph A of this rule has been produced, except as specified. The certificate shall contain an acknowledgment of the continuing duty to disclose additional information. If information specifically excepted from the certificate is furnished by the defendant after the filing of the certificate, a supplemental certificate shall be filed with the court setting forth the material furnished. A copy of the certificate and any supplemental certificate shall be served on the state. G. Failure to comply. If the defendant fails to comply with any of the provisions of this rule, the court may enter an order pursuant to Rule 5-505 NMRA or hold the defendant or the defense counsel in contempt or take other disciplinary action pursuant to Rule 5-112 NMRA.